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2025 DAILYLAW 92500 (ALL)

DEEPAK KUMAR AGARWAL v. STATE OF U.P. AND ANOTHER

NA528/34056/2025 · 2025-09-08

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34056 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Saurabh Yadav, learned counsel for the applicant submits that though the present application has been preferred for quashing the summoning order dated 20.11.2024 issued against the applicant as well as the entire proceedings of the case No. 865/2023 under section 138 of the Negotiable Instruments Act (M/s P.K. Traders Vs. M/s J.D. Creative Collection), P.S. Hariparvat, District Agra Pending in the court of Additional Chief Judicial Magistrate, Court No.-5, Agra and club the proceedings of the three cases arising out of the same transactions i.e. Complaint Case No. 862/2023 (M/s P.K. Traders Vs. M/s J.D. Creative Collection), 863/2023 (M/s P.K. Traders Vs. M/s J.D. Creative Collection) & 865/2023 (M/s P.K. Traders Vs. M/s J.D. Creative Collection) and may be tried at one trail, however, the applicant shall move appropriate application as permissible under law as per the provisions contained under Section 219/220 of CrPC for clubbing of the three cases in light of the judgment of the Hon'ble Apex Court in In Re: Expeditious Trial of Cases under Section 138 of N.I. Act, 1881, Suo Motu Writ Petition (Crl.) No.2 of 2020 decided on 16.04.2021 and Dalip Kumar vs. Sachin Singal, CRM-M- 35360 of 2022 decided on 17.08.2023. 2. Learned A.G.A. has no objection to the same. 3. Accordingly, the application stands disposed of with the observation that Versus Counsel for Applicant(s) : Ajay Vir Singh, Saurabh Yadav Counsel for Opposite Party(s) : G.A. Deepak Kumar Agarwal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the applicant shall move an appropriate application under Section 219/220 of CrPC and this Court has no reason to disbelieve that the same shall be decided in accordance with law. September 9, 2025 N.S.Rathour NA528 No. 34056 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad