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Neutral Citation No. - 2025:AHC:73465 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1575 of 2025 Applicant :- Rajesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State.
2. The case of the applicant is that a complaint was preferred by the opposite party no. 2 regarding dishonoring of a cheque under Section 138 of the NI Act, however, on 20.01.2020, an application came to be preferred for cross examining the PW 1, the said application is stated to have been allowed on 20.07.2024 with a cost of Rs. 20,000/-.
3. Questioning the same, the applicant has preferred revision before the Court of Sessions Judge, Varanasi being Criminal Revision No. 340 of 2024 in which notices have been issued but no interim order has been granted. Learned counsel for the applicant submits that in the main proceedings before the trial court non bailable warrants have been issued and the proceedings under Section 82 and 83 has also been initiated. Learned counsel for the applicant submits that before the revisional court, opposite party no. 2 is not putting his appearance, however, he is pressing the proceedings before the trial court. Learned counsel for the applicant has confined his submission for a direction to the revisional court to decide the stay application in the Criminal Revision No. 340 of 2020 within a time bound period.
4. Learned AGA, on the other hand, submits that against the interlocutory order revision may not be maintainable. However, he submits that once the revision is being preferred then at least a decision should be passed regarding maintainability of the same.
5. Having heard the submissions so made across the bar the application stands disposed of requiring the applicant to prefer an appropriate application before the Court of Session Judge, Varanasi along with certified copy of the order today and the court below shall take necessary action as contemplated under law looking into the objections so raised by the learned AGA regarding maintainability in that regard. Order Date :- 7.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad