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2025 DAILYLAW 19435 (ALL)

MAHESH CHAND SAGAR v. STATE OF U.P. AND ANOTHER

NA528/4906/2025 · 2025-04-30

Vikas Budhwar

body2025

Judgment text

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Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4906 of 2025 Applicant :- Mahesh Chand Sagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Mishra,Shri Krishna Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ajay Mishra, learned counsel for the applicant and learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the BNSS has been filed by the applicant for quashing the order dated 26.9.2024 passed by the Presiding Officer/Additional Court No.2, Ghaziabad in Complaint Case No. 3117 of 2022, (Smt. Chanchal Jain Vs. Mahesh Chand Sagar), under Section 138 of the N.I. Act, Police Station Kavi Nagar, District Ghaziabad 3. Learned counsel for the applicant has submitted that though the present application has been preferred by the applicant for quashing the order dated 26.9.2024 passed by the Presiding Officer/Additional Court No.2, Ghaziabad in Complaint Case No. 3117 of 2022, (Smt. Chanchal Jain Vs. Mahesh Chand Sagar), under Section 138 of the N.I. Act but he confines his relief for a direction of the court as per the instructions received by him to permit the applicant to appear before the court below while surrendering and obtaining bail as per the order dated 26.09.2024 passed in Complaint Case No.3117 of 2022 of the Presiding Officer/Judge, Additional Court No.2. 4. Learned AGA submits that once the applicant has been convicted then his presence is necessary and after obtaining the bail he had not presented himself before the court below, thus, the order cannot be faulted with. 5. In the opinion of the court, the present application is fully misconceived. No infirmity or irregularity has been pointed out. Once the applicant stands convicted then the natural consequences shall follow. 6. Accordingly, the application is rejected. Order Date :- 1.5.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad