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2025 DAILYLAW 77519 (ALL)

VARUN KUMAR SINGH v. STATE OF UP AND ANOTHER

A227/7633/2025 · 2025-08-07

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134720 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7633 of 2025 Petitioner :- Varun Kumar Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- S.P.S. Chauhan,Sukhendra Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Sri S.P.S. Chauhan, learned counsel for the petitioner as well as learned AGA for the State and perused the record. 2. The present writ petition under section 227 of the Constitution of India has been filed seeking a direction to set aside the impugned order dated 21.05.2023 passed by Presiding Officer, Additional Court, National Lok Adalat, Aligarh in Complaint Case No. 18660 of 2022 (Varun Kumar Singh vs. Rajkumar) U/s 138 of N.I. Act, P.S. Banna Devi, District Aligarh. 3. It has been submitted by learned counsel for the petitioner that the petitioner lodged a complaint before the concerned court U/s 138 of N.I. Act. However due to non appearance of the petitioner on several dates, the complaint was disposed of on 21.05.2023. However as per the report forwarded by the District Judge, Aligarh dated 04.08.2025 on the very same day i.e. 21.05.2023 the said matter was listed before the National Lok Adalat wherein the order impugned has been passed. 4. The said report also indicates that there was no application or written consent or joint compromise memo available on record which may depict that the matter was referred or taken up before the National Lok Adalat. 5. Looking to the facts and circumstances of the case, in the interest of justice, the order dated 21.05.2023 passed by Presiding Officer, Additional Court, National Lok Adalat, Aligarh is hereby set aside and the matter is remitted back to the court to restore the complaint to its original number and proceed in accordance with law. 6. With the aforesaid observation, the instant petition is allowed. Order Date :- 8.8.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad