Neutral Citation No. - 2025:AHC-LKO:766 Court No. - 16 Case :- APPLICATION U/S 482 No. - 10101 of 2024 Applicant :- Asif Rabbani Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- A.Z. Siddiqui,Prateek Tewari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA for the State. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. Notices to respondent no. 2 are dispensed with in view of the proposed order. Learned counsel for the petitioner submits that a complaint under Section 138 of the Negotiable Instruments Act was filed by the petitioner, which was registered as Complaint Case No. 3587/2019. The trial court summoned the accused/opposite party no. 2 to face trial vide its order dated 23.10.2019, fixing 23.11.2019 as the next date of hearing. It has been further submitted that the petitioner was a resident of Lucknow and it was not possible for him to attend each and every date of hearing at District Ambedkar Nagar. Consequently, the petitioner instructed his counsel to take necessary steps for the issuance of summons against opposite party no. 2, however, due to negligence of the counsel, steps were not taken. Subsequently, the petitioner was informed by his counsel that the complaint had been dismissed. The petitioner then engaged another counsel, who filed a revision petition, but it was also dismissed. It has been further submitted on behalf of the petitioner that the complaint was dismissed on 09.12.2021 for not taking appropriate steps. It is submitted that the Supreme Court vide order dated 10.01.2022 in "Cognizance for Extension of Limitation, In re, [(2022) 3 SCC 117]", extended the limitation period from 15.03.2020 to 28.02.2022. The Supreme Court's order stipulated that the period from 15.03.2020 to 28.02.2022 would be excluded for computing the limitation period prescribed under any general or special law in judicial or quasi- judicial proceedings. Accordingly, the limitation prescribed under Section 204(4) of Cr.P.C. also stood extended, as such, the the dismissal order dated 09.12.2021 by the lower court, which resulted in the dismissal of the complaint, ought not to have been passed. For the same reason, the order of revisional court is also liable to be set aside. The learned AGA opposed the petition but could not dispute the fact that the Supreme Court extended the limitation period in the aforementioned case. Perused the record. After perusing the record, and considering the Supreme Court's order, it is evident that the petitioner's case falls within the exclusion of the limitation period from 15.03.2020 to 28.02.2022. Since the complaint was dismissed due to the absence of the complainant and for not taking steps for the service of summons, it is in the interest of justice to provide the petitioner the benefit of the Supreme Court's order. Accordingly, the petition is allowed. The order dated 09.12.2021 and the revisional court's order dated 26.09.2024 are set aside. The matter is remanded to the learned court below to pass an appropriate order within a period of one month from the date of submission of certified copy of this order. Order Date :- 6.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench