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2025 DAILYLAW 33052 (ALL)

ARVIND SHARMA v. STATE OF U.P. AND ANOTHER

A227/2903/2025 · 2025-05-11

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76710 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 2903 of 2025 Petitioner :- Arvind Sharma Respondent :- State of U.P. and Another Counsel for Petitioner :- Anurag Upadhyay,Sandeep Kumar Dubey Counsel for Respondent :- G.A.,Satish Kumar Tyagi Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State, and perused the record. 2. The present petition under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 14.02.2023 passed by the learned Additional Chief Judicial Magistrate, Court No.5, Ghaziabad in Case No. 4950 of 2021 (Raj Kumar v. Arvind Sharma) as well as the order dated 27.09.2024 passed by the learned Additional District and Sessions Judge, Court No.16, Ghaziabad, in Criminal Revision No.414 of 2023 (Arvind Sharma v. State of U.P. and Another), arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, Police Station Modi Nagar, District Ghaziabad. 3. After hearing the submissions of learned counsel for the petitioner and learned A.G.A. for the State, and considering the facts and circumstances of the case, this Court is of the view that in the interest of justice and to ensure fair trial, one final opportunity may be granted to the petitioner to produce relevant evidence in his defence, particularly with regard to the folio of the deposit made, in order to ascertain the identity of the person who actually deposited the amount in question. 4. Accordingly, the Branch Manager, Punjab National Bank, Branch Sahibabad, Ghaziabad is directed to produce the folio record retained by the Bank pertaining to the said transaction, if available and not already destroyed in the regular course of record maintenance, on the next date of listing before the trial court. 5. It is made clear that no further opportunity shall be granted to the petitioner to delay the proceedings on any ground. 6. The trial court is directed to proceed with the matter on priority and conclude the trial expeditiously, preferably within a period of three months from the date of production of the aforesaid record, in accordance with law. 7. In the event the petitioner fails to avail this opportunity or cause further delay, the trial court shall be at liberty to proceed in accordance with law without granting any further adjournment. 8. With the aforesaid directions and observations, the petition stands disposed of. Order Date :- 12.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad