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2025 DAILYLAW 90388 (ALL)

ROHIT BINDAL v. CHANDRAPAL SINGH AND ANOTHER

A227/10682/2024 · 2025-03-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31995 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 10682 of 2024 Petitioner :- Rohit Bindal Respondent :- Chandrapal Singh And Another Counsel for Petitioner :- Sonu Kumar Tiwari Counsel for Respondent :- Bibhuti Narayan Singh,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been filed for setting aside the order dated 5.8.2024 passed by Additional Sessions Judge, Court No.12, Bulandshahar in Criminal Revision No.119 of 2023 (Rohit Bindal vs. Chandrapal Singh and another) as well as order dated 3.1.2019 passed by Additional Chief Judicial Magistrate, Court no.1, Bulandshahar in Criminal Complaint Case No.841 of 2022 (Chandrapal Singh vs. Rohit Bindal) under Section 138 N.I. Act, pending in the court of Additional Chief Judicial Magistrate, Court no.1, Bulandshahar. 3. On perusal of the impugned orders, this Court does not find it to be a case where interference of this Court is required. The concerned court after considering the material available on record, passed the order impugned. No such ground appears to be available in the present petition, on the basis of which, impugned order can be set aside as the court of learned Additional Chief Judicial Magistrate, Court No.1, Bulandshahar by order dated 3.1.2019 has rightly observed that it is a case of cheque dishonour and on the basis of evidence presented before the court concerned, prima facie a case under Section 138 of N.I. Act has been made out against the accused/petitioner. 4. Accordingly, the prayer for setting aside aforesaid orders is refused and the petition is hereby dismissed. 5. However, learned counsel for the petitioner is hereby directed to advice his client to appear before the court concerned in pursuance to order dated 3.1.2019 within one month and till one month no coercive action shall be taken against the petitioner. Order Date :- 5.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad