M/S OM SAI TRADERS THRU. ITS PROP. SHRI RAJENDRA KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/10140/2025 · 2025-12-09
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188630 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10140 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as Sri Brijesh Kumar Shukla and Sri Gayan Prakash Pandey, Advocates, who have filed their Power on behalf of opposite party no.2, which is taken on record. 2. This application has been filed with the following main prayer:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned cognizance & summoning dated 15.07.2022 passed by the Presiding Officer, Additional Court No.10, Lucknow in Complaint Case No. 81491 of 2021, M/S Kama Trading Agency Versus M/S Om Sai Traders as contained in Annexure no.1 to this petition and further the entire proceedings arising out of the complaint dated 01.11.2021 U/S 138 N.l. Act registered as Complaint Case No.81491 of 2021, M/S Kama Trading Agency Versus M/S Om Sai Traders, as contained in Annexure no.5 to this petition, pending before the Additional Court No.9, Lucknow may also be set aside/ quashed by this Hon'ble Court, otherwise, the applicant/petitioner would suffer irreparable loss & injury which cannot be made good in any event."
3. Learned counsel for the applicant has admitted that the expert opinion was sought in this matter and forensic report was also called and it means that proceedings before the court below are going on. The summoning order was Versus Counsel for Applicant(s) : Anshuman Singh, Vipul Singh Counsel for Opposite Party(s) : G.A. M/S Om Sai Traders Thru. Its Prop. Shri Rajendra Kumar .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
issued on 15.7.2022 and the applicant has come before this Court challenging the same summoning order, though the applicant has already appeared before the court below and proceedings are going on. He further submits that the applicant's cheque was lost for which he had lodged a police report, therefore, liability cannot be fastened on the applicant. 4. Learned counsel for opposite party no.2 has submitted that the cheque was issued by the applicant in favour of opposite party no.2 and legal notice was sent and thereafter the complaint was filed within time and after recording statement under Section 200 Cr.P.C. and looking into the evidence on record, summons were issued.
He submits that there is no illegality or infirmity in the order passed by the court below. 5. After going through the record, I find that proceedings before the court below are going on and applicant is already cooperating in the proceedings, therefore, at this juncture, this Court is not inclined to interfere in the matter. The report of missing has already been lodged by the applicant. All these aspects will be looked into by the court below. 6. This application is dismissed. However, the court below is directed to take a decision in the matter in view of the provisions of Section 143(3) of the N.I. Act, without granting any unnecessary adjournments to the parties. December 9, 2025 Sachin A482 No. 10140 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench