JUDGMENT :

Shamim Ahmed, J.

1. Heard Sri Lal Bahadur Khan, learned counsel for the petitioner, Sri Hari Shanker Bajpai, learned A.G.A.-I for the State and perused the record.

2. In view of the order proposed to be passed, notice to opposite party No.2 is hereby dispensed with as purely legal question is involved in this case, however, learned A.G.A-I for the State has accepted notice on behalf of State-opposite party No.1.

3. The instant writ petition has been filed with following main prayer:-

"1. Issue an order or direction setting aside the impugned order dated 29.02.2024 passed by learned Sessions Judge, Faizabad in Criminal Appeal No.12 of 2024 (Mangla Prasad Singh Vs. Shanti Roller Mills Ltd. to the extent by which the learned Appellate Court despite admitting the appeal has declined to stay the operation of the impugned order dated 16.02.2024 passed by the learned Trial Court and thereby has rejected the stay application (Paper No. 5-B) as contained in Annexure No.1 to the petition."

4. Learned Counsel for the petitioner submitted that initially, the present opp. party no. 2 filed a complaint U/S 138 of Negotiable Instruments Act, 1881 read with Section 406/420 I.P.C against the p