M/S A.K. TRIPATHI THRU. ITS DIRECTOR A.K. TRIPATHI @ ARVIND KUMAR TRIPATHI v. LEARNED SPECIAL JUDGE N.I. ACT, LUCKNOW AND 2 OTHERS
A227/6330/2025 · 2025-10-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203747 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203747 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6330 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. This petition under Article 227 of the Constitution of India has been filed seeking following main relief (s) :-
"i) issue a order, or direction directing the Opposite Party no.1 to expeditiously decide the Complaint Case No.173 of 2014, A.K. Tripathi Vs. Mangalam Restaurant & Hotels Pvt. Ltd. and others U/S-138 NI Act, in pending before the Learned Special Judge, NI Act, Lucknow (Opp. Party No.1) in accordance with law."
3. Learned A.G.A., at the very outset, raised a preliminary objection regarding maintainability of this petition stating that the petitioner has a statutory remedy under Section 529 of the B.N.S.S., 2023.
4. On being confronted after taking note of the aforesaid, learned counsel for the petitioner states that he may be permitted to withdraw the instant petition with liberty to the petitioner to avail the remedy as available under the law.
5. Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for.
6. Office is directed to return certified copy of the papers/documents, if any, annexed with this petition to the learned counsel for the petitioner as per rules in this regard. October 28, 2025 Arun/- Versus Counsel for Petitioner(s) : Shyam Bahadur Counsel for Respondent(s) :
(Saurabh Lavania,J.) M/S A.K. Tripathi Thru. Its Director A.K. Tripathi @ Arvind Kumar Tripathi .....Petitioner(s) Learned Special Judge N.I. Act, Lucknow And 2 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench