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2025 DAILYLAW 25452 (ALL)

SUSHIL KUMAR v. STATE OF U.P. AND ANOTHER

NA419/48/2025 · 2025-07-15

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118508 Court No. - 81 Case :- CRIMINAL MISC. APPLICATION U/S 419 BNSS No. - 48 of 2025 Applicant :- Sushil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Pundir,Prateek Kumar Counsel for Opposite Party :- Ashok Kumar Singh Bais,G.A. Hon'ble Manoj Bajaj,J. Applicant-Appellant, namely, Sushil Kumar has filed this application under Section 419(4) B.N.S.S., 2023 against the order dated 28.01.2025 passed by Presiding Officer, Additional court, Saharanpur in Criminal Complaint No.964 of 2018, titled Sushil Kumar Vs. Ishwar Chand, under Section 138 Negotiable Instrument Act, 1881, registered at Police Station Chilkana, District Saharanpur by which the trial court acquitted the opposite party no.2. Learned counsel for the applicant states that in all the three cheques were issued in favour of the applicant- complainant by accused opposite party no.2 and the dishonour of the instruments led to filing of three separate complaints. Learned counsel states that in all the three cases, the nature of evidence relied upon by the parties is common and through the impugned judgment the accused has been acquitted in all the three cases. Learned counsel states that as the judgment of acquittal passed in the lead case bearing complaint case no.875 of 2018 has been upheld as the appeal bearing number 45 of 2025 has been dismissed on merits, he does not press the connected applications and prays for withdrawal. The prayer is not opposed by the learned Senior Counsel appearing on behalf of the accused. Dismissed as withdrawn. Order Date :- 16.7.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad