BRIJESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr Raj Nath Bhakta, learned counsel for the applicant, Mr. Subhendra Singh along with Mr B.P. Pandey, learned A.G.A. for the State and perused the record.

(2.) The present application under Sec. 528 BNSS, 2023 has been filed with the prayer to quash the impugned judgment and order dtd. 16/10/2025 passed by the learned Judicial Magistrate, Court No. 22, Azamgarh, in Misc. Case No. 3817 of 2024 (Anand Kumar vs. Brajesh Kumar), under Sec. 138 The Negotiable Instruments Act, 1881 (hereinafter referred as N.I. Act), Police Station Kotwali, District Azamgarh. It is further prayed that the Hon'ble Court may be pleased to quash the entire proceeding of Misc. Case No. 3817 of 2024 (Anand Kumar vs. Brijesh Kumar), under Sec. 138 N. I Act, Police Station - Kotwali, District - Azamgarh, pending in the court of learned Judicial Magistrate, Court No.22, Azamgarh, during pendency of the present application, otherwise applicant shall suffer irreparable loss and injury.

(3.) Learned counsel for the applicant submits that the application dtd. 8/9/2025 has been rejected by the impugned order dtd. 16/10/2025. It is further submitted that the impugned order is illegal as no proper opportunity was provided to produce the defence evidence; therefore, the impugned order is not sustainable in the eyes of law and is liable to be quashed.