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2025 DAILYLAW 52659 (ALL)

SUBRATO BHAUMIK @ SHIBABRATA BHAUMIK v. STATE OF U.P. AND ANOTHER

A227/4530/2025 · 2025-05-11

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76731 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4530 of 2025 Petitioner :- Subrato Bhaumik @ Shibabrata Bhaumik Respondent :- State of U.P. and Another Counsel for Petitioner :- Shams Tabrez Ali Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned counsel for the respondent no. 2, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with the following prayers: "(i) Set aside the impugned order dated 27.06.2024 (annexure no. 10) passed by the learned Special Court 138, N.I. Act, Agra in application dated 16.05.2024 arising out of Complaint Case No. 1807 of 2011 (Leading Case) and 6908259/2018 "M/S Anu Export through Sandeep Gupta vs. Subrato Bhaumik" under Section 138 N.I. Act and impugned order dated 07.03.2025 (annexure no. 12) passed by the Additional Session Judge, Court No. 17, Agra in Criminal Revision No. 585 of 2024 "Subrato Bhumik vs. State of U.P. and another." (ii) further may be please to permit to petitioner and sending the appointed hand writing expert for matching signature of complainant/respondent no. 2 on a certain documents. (iii) further be please to stay the further proceeding of Complaint Case No. 1807/2011 (Leading Case) and 6908259/2018 "M/S Anu Export through Sandeep Gupta vs. Subrato Bhaumik" pending before the learned Special Court 138, N.I. Act, Agra arising out of under Section 138 N.I. Act during the pendency of the petition." It has been submitted by learned counsel for the petitioner that the Trial Court has not considered the application of the petitioner dated 16.5.2024 for the verification of the sample signature and handwriting of Respondent No. 2 from the handwriting expert though the document (Annexure No. 1) is already on record but the same has been rejected in a mechanical manner. Considering the submissions made and in the interest of justice, it is hereby directed that in case the petitioner moves a fresh application along with the documents (Annexure No. 1) for verification of the signature and handwriting of respondent no. 2, the same may be verified through a Government Analyst expeditiously within a period of four weeks. Till the receipt of report of the handwriting expert/Government Analyst, the proceedings of Complaint Case No. 1807/2011 (Leading Case) and 6908259/2018 "M/S Anu Export through Sandeep Gupta vs. Subrato Bhaumik" pending before the learned Special Court 138, N.I. Act, Agra arising out of under Section 138 N.I. Act shall remain stayed. With the aforesaid direction, the writ petition is disposed of. Order Date :- 12.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad