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2025 DAILYLAW 49105 (ALL)

HARSH GUPTA ALIAS VIKKU v. STATE OF U.P. AND ANOTHER

A227/4175/2025 · 2025-04-27

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64984 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 4175 of 2025 Petitioner :- Harsh Gupta Alias Vikku Respondent :- State of U.P. and Another Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. By means of present petition under Article 227 of the Constitution, the petitioner has prayed for following relief: "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to; (i) Set-aside/quash the impugned order dated 19.02.2022 passed by the learned Chief Judicial Magistrate, Farrukhabad in Complaint Case No. 456 of 2021 (Narendra Kumar Vs. Harsh Gupta alias Vikku) whereby the petitioner has been summoned under Section 138 of N.I. Act, order dated 20.03.2024 passed by the learned Judicial Magistrate, Havali, Farrukhabad whereby Application 19-A filed by the respondent no. 2 under Section 143-A of N.I. Act was allowed and the petitioner being directed to deposit 20% of the amount i.e. Rs. 91,400/- and the order dated 11.02.2025 passed by the Additional Sessions Judge, Court No. 4, Farrukhabad, in Criminal Revision No. 76 of 2024 (Harish Gupta alias Vikku Vs. State of U.P. and another) whereby revision filed by the petitioner was dismissed. (ii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case to meet the ends of justice. (iii) To award the cost of the petition in favour of the petitioner." 3. Learned counsel for the petitioner states that there is no date on the notice under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to the 'Act of 1881'). There was a business transaction between both the parties. He further submits that the order passed by the trial court is erroneous as there are different dates in the affidavit executed and filed in the affidavit Court along with the complaint. 4. Learned AGA invited attention of the Court to the requirement of Section 143-A of the Act of 1881 which was inserted by an Act of 2018 w.e.f. 01.09.2019, wherein there is a provision for providing interim compensation during the pendency of the case. 5. No material illegality or perversity has been observed in the impugned proceedings; only the interim compensation has been awarded, which is in accordance with Section 143A of N.I. Act. Thus, there is no force in the argument taken by learned counsel for the petitioner. 6. The petition is devoid of merit and is accordingly dismissed. Order Date :- 28.4.2025 R.S. Tiwari Justice Vinod Diwakar Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad