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2025 DAILYLAW 64304 (ALL)

MOHAMMAD IMRAN v. STATE OF U.P. AND ANOTHER

NA528/19839/2025 · 2025-05-29

Vikas Budhwar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:93244 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19839 of 2025 Applicant :- Mohammad Imran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar,Vipin Gangwar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rahul Kumar, learned counsel for the applicants as per the instruction received from his client submits that though the application under Section 528 of BNSS has been preferred by the applicant for quashing /modifying the impugned order dated 28.02.2024 passed by the court of Additional Session Judge, Khurza, Bulandshahar in Criminal Appeal no. 07 of 2024, (Puspendra alias Joony Bhati versus State of U.P. & another), under section 138 Negotiable Instrument Act, Police Station Khurza Nagar, district Bulandshahar whereby Opposite Party no.2 has been directed to deposit 20% only of the fine amount of Rs. 5,00,000/- instead of 20% of the total amount of Rs.3,50,90,000/- as fixed by the trial court, but he confines his relief for disposal of the Criminal Appeal no. 07 of 2024, (Puspendra alias Joony Bhati versus State of U.P. & another), pending before the Addl. Sessions Judge, Khurja, District Bulandshahr, within a time bound period. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions made across the Bar and without issuing the notice to the O.P. No.2, the application stands disposed of requiring the court below to decide the Criminal Appeal with most expedition without granting unnecessary adjournments and in case, adjournments are granted, the same should be in exceptional circumstances not beyond 7 days at a stretch. 4. Needless to point out that this Court has not adjudicated the matter on merits. Order Date :- 30.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad