HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33126 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri A.K. Mehrotra along with Sri Ashwani Kumar Patel, learned counsel for the applicant as well as Sri Moti Lal, learned A.G.A. for the State. 2. Sri Anil Mehrotra, learned counsel for the applicant has submitted that though the present application has been preferred for setting aside/ quashing of the order dated 19.09.2023 passed by the Presiding Officer, Special Court, 138 N.I. Act, Gautam Budh Nagar in Complaint no.260 of 2022, Vikas Gupta vs. M/s E-Spectrum Medical Solutions and others as well as the order dated 27.09.2023 passed by the Presiding Officer, Special Court, 138 N.I. Act, Gautam Budh Nagar in Complaint no.260 of 2022, Vikas Gupta vs. M/s E-Spectrum Medical Solutions and others, whereby applicant has been sentenced to undergo imprisonment of one year and payment of compensation of Rs.5 crores and in the alternate, a relief has been sought for a direction to the District Judge, Gautam Budh Nagar for deciding the application dated 20.08.2025 prior to passing a final order in Criminal Appeal No. 135 of 2023, M/s E-Spectrum Medical Solutions and others vs. Vikas Gupta, in view of the law laid down by the Hon'ble Apex Court in Gimpix Pvt. Ltd. vs. Manoj Goyal, but he confines his relief for a direction to the court below for deciding the application dated 20.08.2025. 3. Learned A.G.A. submits that once an application is preferred and if it is maintainable and permissible under law, then it would be decided and a direction initiating to decide the application dated 20.08.2025 prior to Versus Counsel for Applicant(s) : Anil Kumar Mehrotra, Ashwani Kumar Patel Counsel for Opposite Party(s) : G.A. Pawan Bhasin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) passing of the final orders would not be appropriate. 4. I have heard the submissions so made across the Bar and perused the record carefully. 5. In the opinion of the Court, once an application is preferred by the applicant which is permissible and advisable under law, then this Court has no reason to disbelieve that the same shall be considered in accordance with law. 6. With the aforesaid observations, the application stands disposed of. September 2, 2025 N.S.Rathour NA528 No. 33126 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad