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2025 DAILYLAW 74039 (ALL)

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

A227/7312/2025 · 2025-07-17

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116674 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7312 of 2025 Petitioner :- Balindra Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed the following reliefs: "Issue an order or direction, setting aside the impugned order dated 05.06.2025 passed by the learned Special Judge/Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, Muzaffar Nagar in Criminal Revision No.377 of 2024 (Balindra Kumar vs. State of U.P. and Another) and Impugned order dated 13.08.2024 passed by the Presiding Officer, Additional Court, Muzaffar Nagar in Complaint Case No. 1845 of 2022 (Balindra Kumar vs. Soniya Tyagi), under Section 138 of Negotiable Instruments Act, Police Station-Nai Mandi, District- Muzaffar Nagar." It has been submitted by learned counsel for the petitioner that the petitioner lodged a complaint under Section 138 of the Negotiable Instruments Act but the same was dismissed due to non-prosecution vide order dated 13.08.2024 passed by the Additional Court, Muzaffar Nagar. The revision filed against the said order has also been dismissed. Learned counsel for the petitioner submits that he is ready to bear the cost. Accordingly, the orders dated 05.06.2025 and 13.08.2024 are hereby set aside. The matter is remitted back to the Court concerned subject to the deposit of cost of Rs. 7,000/- which shall be payable by the petitioner to the District Legal Services Authority and heard and decided in accordance with law in the interest of justice, if there is no other legal impediments. With the aforesaid direction, the petition is allowed. Order Date :- 18.7.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad