GOPAL PRASAD SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This leading case alongwith the connected cases has been taken by this court on being nominated by Hon'ble the Chief Justice on 29/11/2025.

(2.) The leading case in this bunch is an application under Sec. 482 CrPC filed by the complainant (Gopal Prasad Sharma) against the accused opposite party no.2 (Ram Anoop Prasad @ Rai Anoop Prasad) for seeking direction of this Court to direct the speedy disposal of complaint filed twelve years back by the complainant for the offence under Sec. 138 Negotiable Instruments Act, 1881, P.S. Shahganj, District Agra. This application is particularly moved to seek direction in Complaint Case No. 74 of 2012 (Gopal Prasad Sharma Vs. Ram Anoop Prasad @ Rai Anoop Prasad), though there are seven other complaints between the same parties arose out of same transaction. Before dealing with the issue, the crux of the matter in all the cases having genesis from the single incident needs to be mentioned.

(3.) Connected with the above application are eight other applications filed by accused/applicant (Ram Anoop Prasad @ Rai Anoop Prasad), against Gopal Prasad Sharma (complainant) to assail, primarily, the orders allowing the criminal revisions filed by the complainant against the accused/applicant for quashing the orders of the trial Magistrate acquitting the accused/applicant invoking Sec. 256 CrPC and alternatively, the summoning orders dtd. 25/2/2012 passed by the Magistrate, summoning the accused/applicant for offence under Sec. 138 Negotiable Instruments Act, 1881. For the sake of brevity, comprehensiveness and clarity in the judgement the words used to represent the applicant and opposite party no.2, is taken as 'complainant', who has filed the case and 'accused', who is summoned in complaint; whereas, Negotiable Instruments Act, 1881 will be referred as 'NI Act' and The Code of Criminal Procedure, 1973 as 'CrPC'.