(1.) Heard learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
(2.) The instant application has been filed seeking quashing of the impugned order dtd. 12/1/2024 passed by Additional District and Sessions Judge, Court No.8/Special Judge (NDPS Act), Gorakhpur in Criminal Revision No. 107 of 2023 (Gurmeher Singh Majithia vs. State of U.P. and others) as well as the order dtd. 23/3/2023 passed by Addl. Civil Judge (J.D.), court No.8, Gorakhpur and stay the further proceeding of Complaint Case No. 6272 of 2020 (Harish Chand Jaiswal vs. M/s Saraya Industries Ltd. and others), u/s 138 N.I. Act, P.S. Kotwali, District Gorakhpur, pending before Addl. Civil Judge (J.D.), Court No.8, Gorakhpur.
(3.) Facts giving rise to the present case are that opposite party No.2 had filed an application u/s 138 N.I. Act against the applicant and his company, namely, M/s Saraya Industries Ltd. Learned trial court, after perusal of the complaint and other evidences on record, issued summon to the present applicant being the active director of the company by order dtd. 8/2/2021. That order was challenged by the applicant by way of Revision No. 107 of 2023 before Addl. District and Sessions Judge, Court No.8, Gorakhpur, but the said revision was also rejected by order dtd. 12/1/2024. Feeling aggrieved by both the orders, the applicant has filed the present application.