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2025 DAILYLAW 25423 (ALL)

KRISHNA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/7923/2025 · 2025-05-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77401 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7923 of 2025 (Leading Case) Applicant :- Krishna Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- G.A. Connected With Case :- APPLICATION U/S 528 BNSS No. - 8256 of 2025 (Connected Case) Applicant :- Shalini Chauhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. The leading application has been preferred for quashing the complaint case no 23224 of 2022 under Section 138 of N.I. Act pending in the court of Judicial Magistrate Budaun in which on 11.03.2025 the following order has been passed: "1. On the request of Sri Bheshaj Puri, learned counsel for the applicants, put up in the week commencing 01.04.2025 as fresh. 2. In the meantime, learned counsel for the applicants will file copy of cheque in question including the return memo issued by the bank regarding the cheque in question along with order sheet of the impugned proceeding. " 2. Thereafter on 01.04.2025 the following order was passed: "1. The matter has been taken up in the revised list. 2. Nobody appears to press this application. 3. In the interest of justice, put up this case along with the connected case on 18.04.2025 at 2 P.M. as fresh. " 3. Lastly on 18.04.2025 the following order was also passed: "The matter was fixed for today at 2.00 pm. On earlier occasions on 11.03.2025 and 01.04.2025, the matter was adjourned on account of non- appearance of the learned counsel for the applicants. Put up this case along with connected matters as fresh peremptorily on 12.05.2025 at 2.00 pm and in case, nobody appears, then the Court will restrain to pass the order in absence of learned counsel for the applicants. " 4. In so far as the connected application is concerned the relief is sought for quashing the summoning order dated 16.10.2023 passed by the court of Additional Civil Judge (J.D.)/ J.M. court no.6 Budaun in complaint case no. 23950 of 2022 under Section 138 of N.I. Act. 5. In connected application on 12.03.2025 the following order has been passed: "1. On the request of Sri Bheshaj Puri, learned counsel for the applicants, put up in the week commencing 01.04.2025 as fresh along with Application u/s 528 BNSS No.7923 of 2025. 2. In the meantime, learned counsel for the applicants will file the copy of cheque in question including the return memo issued by the bank regarding the cheque in question along with order sheet of the impugned proceeding. " 6. Despite the fact that the leading and the connected application has been listed for the dates mentioned herein above, nobody is present to press the applications even in the revised call. 7. Accordingly, both the applications are dismissed for want of prosecution. Order Date :- 12.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad