Tarik Ajij v. State of U.P. Thru. Special Addl. Court No. 7 Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12355 of 2023 Applicant :- Tarik Ajij Opposite Party :- State Of U.P. Thru. Special Addl. Court No. 7 Lko. And Another Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicant and learned AGA for the State as well as perused the record. The present petition has been filed for the following main relief:- "i. Issue an order for quashing the entire criminal proceeding of complainant which was filed by O.P.No.2 U/S-138 N.I. Act complainant no.47146/2023 of the O.P.No.2 as well as quashing the summoning order Dated-16-06-2023 passed by Special Additional court no.7 Lucknow, in complainant case no.47146/2023 case style-Raghuvendra Construction through Raghuvendra Singh VS Tarik Ajij (As contained Annexure no.1&2) to this petition." After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant for moving a discharge application before the court below and the same may be decided expeditiously. It is further prayed that liberty may also be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned AGA has no objection to the prayer made by learned counsel for the applicant. As prayed, liberty is granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. As far as prayer made by learned counsel for the applicant to grant liberty to the applicant to file bail application and the same may be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). It is expected from the concerned court to dispose of the case expeditiously after taking note of Section 143 of the Negotiable Instruments Act, 1881, which says that trial court shall make all endeavour to decide the case within a period of six months. With the aforesaid observations, the present petition is disposed of. Order Date :- 19.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench