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2025 DAILYLAW 188259 (ALL)

SMT USHA GUPTA v. STATE OF U.P. AND ANOTHER

A227/353/2025 · 2025-01-15

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:7339 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 353 of 2025 Petitioner :- Smt Usha Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Ratnesh Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned learned counsel for the parties. 2. The instant petition has been preferred with the following prayers: a. Set aside the order dated 11.10.2023, passed by Additional District & Sessions Judge, Court No.6, Moradabad in Criminal revision no.30 of 2023 (Smt. Usha Gupta vs. State of U.P. and another). b. And set aside the order dated 23.12.2022 passed by presiding officer Additional court (138 N.I. Act), Moradabad in complaint no.1628 of 2016 (Anami Sharan Khanna vs. Usha Gupta). c. And remand the case to trial court (138 N.I. Act), Moradabad to reconsider the application dated 21.7.2022 presented by accused/petitioner and pass an appropriate order according to law. 3. The cause of action for filing the instant petition at the behest of the petitioner is the application which has been decided against the petitioner for summoning certain documents alongwith reports after expiry of the stage of Section 313 Cr.P.C, moreover, learned counsel appearing for petitioner/accused also fairly admitted that the reasoning and finding recorded by learned revisional court while passing order dated 11.10.2023 is factually not disputed that stage of Section 313 Cr.P.C has already been expired and just before concluding the trial in pursuance to Section 138 N.I. Act, the prayer made by petitioner is nothing but to linger the matter as determined by learned concerned court as well as by learned revisional court. It has also transpired from the order sheets which has been mentioned in the order impugned dated 11.10.2023 that dilatory tactics adopted by petitioner on one pretext to another is nothing but to delay the entire culmination of proceedings initiated in pursuance to Section 138 N.I. Act. 4. Learned AGA also supported the orders which impugned the present petition and submitted that grounds whatsoever has been raised after expiry of Section 313 Cr.P.C for seeking specific direction from learned concerned court for summoning certain documents alongwith reports is also meaningless, since at no point of time the liability whatsoever has been fastened by respondent no.2, has never been disputed and it has also been submitted that entire signed cheque book pertaining to the petitioner has already been lost and this fact has been observed by learned concerned court. 5. In view of the aforementioned facts and circumstances, there is hardly any scope of interference in the orders which impugned the present petition. 6. The writ petition stands dismissed. Order Date :- 16.1.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad