RAJNEESH SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
A482/8331/2025 · 2025-10-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194603 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194603 (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. - 8331 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard. The present application has been filed for the following main relief:-
"1) To quash the impugned summoning dated: 27.05.2025 passed by the Court of Hon'ble Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Lalganj, Pratapgarh, in Misc. Case No. 29 of 2024 Director Fighter Infra Pvt. Ltd. versus Madhav Kripa Constructions under section 138 of the Negotiable Instrument Act, Police Station- Lalganj, District Pratapgarh by means of which the applicant has wrongly be summoned annexed as ANNEXURE NO.1 to this Petition;" After taking note of the facts of the case including the date on which the cheque in issue was bounced i.e. 30.12.2023 and the date of notice i.e. 27.01.2024 and date of filing of complaint i.e. 06.03.2024 as also proviso(s) of Section 138 and Section 142 of Negotiable Instruments Act 1881 (in short 'Act of 1881') including Section 142(1)(b) of the Act of 1881, on being confronted, learned counsel for the applicant submitted that he may be permitted to withdraw the present application with liberty to avail the benefit of the judgment(s) passed by the Hon'ble Apex Court in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. To the aforesaid prayer, learned A.G.A. has no objection. Accordingly, the present application is dismissed with liberty as aforesaid.
October 6, 2025 Jyoti/- Versus Counsel for Applicant(s) : Abhishek Singh, Sanjana Chaturvedi Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Rajneesh Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench