Dherendra Nath Verma Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

Dherendra Nath Verma Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to move an application for recall of the order dated 18.11.2022 within two weeks; trial court to decide such application within four weeks thereafter; applicant cautioned against unnecessary adjournments; non-bailable warrant kept in abeyance till expiry of six weeks or till disposal of the recall application.

Issue for consideration

Whether the impugned order dated 18.11.2022 (issuing a non-bailable warrant against the applicant and continuing Criminal Complaint Case No. 03/2019 under S.138 NI Act) should be set aside and those proceedings stayed. +1 more

Court's answer

The application, not pressed on merits, was disposed of with a direction to the applicant to move an application for recall of the order dated 18.11.2022 within two weeks.

Ratio / Principle

If such recall application is moved, the trial court is to decide it within four weeks thereafter, and the applicant is not to seek unnecessary adjournments.

Key takeaways

Till expiry of six weeks or till disposal of the said recall application, the non-bailable warrant issued against the applicant shall remain in abeyance.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 16 — Brij Raj Singh, J. — APPLICATION U/S 482 No. 10315 of 2025 — Dherendra Nath Verma v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another — decided December 5, 2025. The applicant sought setting aside of the order dated 18.11.2022 of Judicial Magistrate-II, Raebareli, which issued a non-bailable warrant against him in Criminal Complaint Case No. 03/2019 (Sanjay Kumar Singh v. Dherendra Nath Verma, section 138 Negotiable Instruments Act, Police Station-Kotwali Nagar, District-Raebareli) pending before that court, and a stay of those proceedings. Counsel stated he did not wish to press the application on merits, submitting that the warrant flowed from the applicant's inability to appear, allegedly owing to threats by opposite party no. 2 and his goons, and undertook that the applicant would cooperate in future. The Court disposed of the application: the applicant is to move an application for recall of the order dated 18.11.2022 within two weeks; the trial court is to decide it within four weeks thereafter; the applicant is warned against seeking unnecessary adjournments; and the non-bailable warrant remains in abeyance till expiry of six weeks or till disposal of the recall application.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10315 of 2025

Dherendra Nath Verma

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : D.P. Dutt Tiwari, Shiv Shyam Tiwari Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.

2. This application has been filed with the following main prayers:

"That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the impugned order dated 18.11.2022 passed by Learned Judicial Magistrate-II, Raebareli, in Criminal Complaint Case No. 03/2019 (Sanjay Kumar Singh Versus Dherendra Nath Verma under section 138 Negotiable Instruments Act, Police Station-Kotwali Nagar, District-Raebareli whereby the learned Court has issued non bail able warrant against the petitioner and entire proceeding Criminal Complaint Case No. 03/2019 (Sanjay Kumar Singh Versus Dherendra Nath Verma) under section 138 Negotiable Instruments Act, pending before Learned Judicial Magistrate-II, Raebareli, which is contained as Annexure No. 1 & 2 to this petition.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Complaint Case No.03/2019 (Sanjay Kumar Singh Versus Dherendra Nath Verma) under section 138 Negotiable Instruments Act, Police Station-Kotwali Nagar, District-Raebareli, pending before Learned Judicial Magistrate-II, Raebareli, during the pendency of the present case."

A482 No. 10315 of 2025

2

Learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that non bailable warrant has been issued against the applicant on 18.11.2022 for the reason that he could not appear before the court below and he has taken a ground that opposite party no.2 and his goons have threatened him not to appear before the court. He has submitted that the applicant will cooperate in the proceedings in future.

In view of above, this application is disposed of with a direction to the applicant to move an application for recall of the order dated 18.11.2022 within a period of two weeks from today and if such an application is moved, the trial court is directed to decide the same within a period of four weeks thereafter. The applicant will not seek any unnecessary adjournments in future. Till expiry of six weeks or till disposal of the said application, non bailable warrant issued against the applicant shall be kept in abeyance.

(Brij Raj Singh,J.)

December 5, 2025 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench