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2023 Supreme(All) 2372

SAMIT GOPAL
Ravi Dubey – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Applicant : Dharmendra Kumar Srivastava.

JUDGMENT

Samit Gopal, J.

List revised.

2. Heard Sri Dharmendra Kumar Srivastava, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State.

3. The present application under Section 482 Cr.P.C. has been filed by the applicant- Ravi Dubey with the following prayer:-

    "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to stay impugned summoning order dated 17.01.2023 passed by Chief Judicial Magistrate, Auraiya in complaint case no. 1323/2022 Jitendra Singh Sengar v. Ravi Dubey, under Section 138 Negotiable Instrument Act, Police Station Auraiya, District Auraiya.

    It is further prayed that this Hon'ble Court may graciously be pleased to quash the further proceedings of the complaint case no. 1323/2022 Jitendra Singh Sengar v. Ravi Dubey, under Section 138 Negotiable Instrument Act, Police Station Auraiya, District Auraiya during the pendency of the present application; otherwise the applicant shall suffer an irreparable loss.

    And/or pass such other or further order as this Hon'ble court may deem fit and proper in the facts of the case."

4. The facts of the case are that a complaint under section 138/142 of the N.I

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