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Allahabad High Court · body

2025 DAILYLAW 189534 (ALL)

OM PRAKASH SHUKLA v. STATE OF U.P. AND ANOTHER

CRLR/1563/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1563 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist, leaned counsel for opposite party no. 2 and the learned A.G.A. for the State. Perused the material placed on record. 2. The instant revision has been filed with a prayer to quash the impugned order dated judgment and order dated 30.7.2024 passed by Additional Chief Judicial Magistrate, 4th, Jaunpur in Complaint Case no. 4001 of 2019, Under Section 138 of N.1 Act of Police Station-Mungra Badshapur, District- Jaunpur through which the learned Judge has rejected the complaint of the revisionist filed Under Section 190(1) a of the Cr.P.C. 3. Learned counsel for opposite party no. 2 has relied upon a paper no. 36 of paragraph 8 wherein it is admitted by the revisionist that he has already filed a complaint on the basis of cheque in question which was dismissed on 17.10.2022. After concealment of this fact, the revisionist/complainant has filed another complaint bearing Complaint Case No. 4001 of 2019. Learned trial court has specifically mentioned in the order impugned order dated 30.7.2024 that said cheque was dishonoured due to insufficient fund whereas legal notice had been issued by the complainant to opposite party no. 2 on 17.7.2019. The statutory period as per Section 138 of N.I. Act is of 30 days and the said notice has been issued after more two months, hence the revisionist/complainant does not requisite the legal Versus Counsel for Revisionist(s) : Deepankar Shukla, Saumitra Dwivedi, Tanzeel Ahmad Counsel for Opposite Party(s): G.A., Harish Kumar Srivastava, Kumar Ankit Srivastava Om Prakash Shukla .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) formalities. 4. In view thereof mentioned hereinabove, this revision having no force. It is accordingly dismissed. October 15, 2025 M. Tarik CRLR No. 1563 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad