GYAN CHAND MAKHEEJA Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by Gyan Chand Makheeja against State of U.P. and Pankaj Varshney with prayer to set aside the order dated 1.2.2019 passed by Additional District & Sessions Judge, Court No. 2, Aligarh, in Misc. Application No. 18 of 2017, Gyan Chand Makheeja v. State of U.P. and another, with a further prayer for staying further proceedings of Complaint Case No. 2877 of 2015, Pankaj Varshney v. Gyan Chand Makheeja, u/s 138 N.I. Act, P.S. Civil Lines, District Aligarh, pending in the court of A.C.J.M., Court No. 4, Aligarh.

(2.) Heard learned counsel for petitioner and learned AGA for the State.

(3.) Summoning order of the Magistrate was challenged in Criminal Revision before revisional court, which was reported to be beyond scheduled period prescribed for filing revision. An application u/s 5 of Limitation Act was filed and the same was rejected vide impugned order without issuing notice or providing opportunity of hearing to other side. Impugned order was assumptive presumption of the Presiding Judge. Hence this petition for setting aside the order dated 1.2.2019 and for issuing any other order or direction as may be deemed fit.