ABHISHEK SONI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9896/2025 · 2025-11-21
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DailyLaw.ai
[ 2025 DAILYLAW 199268 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199268 (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. - 9896 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. In view of the order proposed to be passed, issuance of notice to opposite party no.2 is dispensed with. 2. The present application has been filed with the following main reliefs:
"1. Quash and set aside the impugned order dated 6.11.2025 passed by the learned Special Court (N.I. Act), Lucknow in Complaint Case No. 297 of 2016, Rakesh Kumar vs. Abhishek Soni; and Special Court (N.I. Act); Lucknow in Complaint Case No- 298/2016, Rakesh Kumar vs. Smt Kankalata Soni. 2. Direct the learned trial court to permit the applicant to further cross- examine the complainant on limited points as mentioned in the application dated 01.11.2023."
3. It is the case of the applicant that the matter is pertaining to N.I. Act in which complainant was cross examined on 7.1.2020, however, certain questions regarding the transaction of money could not be asked. He submits that due to fault of the counsel, the applicant may not be suffered. He further submits that the applicant may be given one chance to cross examine the complainant so that justice can be done. The applicant filed an application under Section 311 Cr.P.C. on 1.11.2023, which has been rejected by the court below. Learned counsel has relied upon the judgement of the Supreme Versus Counsel for Applicant(s) : Mohit Sharma, Anurag Tiwari Counsel for Opposite Party(s) : G.A. Abhishek Soni .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
Court in Satbir Singh vs. State of Haryana and others, 2023 INSC 786. 4. After going through the record, it is found that the complaint was filed in the beginning of the year 2016, summoning order was issued on 4.3.2016, statement of the accused under Section 251 Cr.P.C. was recorded on 7.1.2019 and cross examination of the complainant was also done and completed on 7.1.2020. The case is going on for proceedings under Section 313 Cr.P.C. At the belated stage, the applicant has moved application on 1.11.2023 under Section 311 Cr.P.C. and has submitted that he may be given a chance to cross examine the complainant. 5.
The N.I.Act is a special Act and Section 143(3) of the same provides that the case may be decided within six months whereas in the present case, the case was filed in the year 2016 and the same is pending for the last nine years. The applicant was already given chance to cross examine the complainant which was availed by him but if certain questions could not be asked, this Court after such long lapse of time, cannot allow the applicant to cross examine the complainant. The order rejecting the application by the court below is justified. No interference is required in the matter. 6. The application is rejected. November 21, 2025 Sachin A482 No. 9896 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench