- (1.) Case called out in the revised list. No one has appeared on behalf of the applicant as well as learned counsel for the opposite party to argue the case.
(2.) This Court on 4.7.2014, has passed the following order : "Case called out in the revised list. Neither learned counsel for the applicant nor learned counsel for the complainant are present to argue this case. Learned Additional Advocate appearing on behalf of the State is present. On 22.4.2014, the following order was passed by the another Bench of this Court:- "List has been revised. Learned counsel for the applicant is not present. Sri Deepak Kumar Verma holding brief of Sri S.R. Verma, learned counsel for the opposite party no. 2 is present. A perusal of the record shows that on 8.3.2010 an order was passed for staying further proceedings of Case No. 956 of 2009, under Section 138 N.I. Act, pending in the court of M.M. Xth, Kanpur Nagar till the next date of listing but the order sheet shows that after 8.3.2010, the interim order dated 8.3.2010 was not extended. In the meantime, an application dated 10.7.2011 was filed for vacation of the stay but that application has not been disposed of. List on 30.4.2014 peremptorily for hearing on the stay vacation application." From the perusal of the record, it appears that the Stay Vacation Application is still pending for consideration and no rejoinder affidavit has been filed on behalf of the applicant. Let the case be listed peremptorily in the next cause list. In case, no rejoinder affidavit is filed on the next date of listing, this Court will be constrained to pass the order deciding the case on merits itself."
(3.) The instant petition is filed with a prayer to quash the proceedings of complaint case no. 956 of 2009 under Section 138 Negotiable Instruments Act (in short referred as N.I. Act), P.S. Govind Nagar, District Kanpur Nagar pending in the Court of M.M. Xth Kanpur Nagar.;