M/S Kanta Agritech Enterprises Thru. Proprietor Ramdev Singh Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC18 Dec 2025A482/10747/2025

Case brief

AI extract

What is this about?

S.482 Cr.P.C./S.528 BNSS quashing — S.138 NI Act Complaint Case No. 1371 of 2016 — summoning order 16.01.2017 and NBW 04.06.2025, Additional Court No. 6, Lucknow — no manifest illegality, jurisdictional error or abuse of process — compounding per Damodar S. Prabhu (2010) 5 SCC 663 — three-month no-coercive-steps protection — application disposed (December 18, 2025).

What did the court decide?

Application disposed of: applicant may appear before the Magistrate and move a compounding application within three weeks in terms of Damodar S. Prabhu; Magistrate to decide it within three months after hearing all parties; failing that, the trial shall proceed; no coercive steps against the applicant for three months. ¶¶18

M/S Kanta Agritech Enterprises Thru. Proprietor Ramdev… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings of Complaint Case No. 1371 of 2016 under Section 138 NI Act, the summoning order dated 16.01.2017 and the non-bailable warrant order dated 04.06.2025 suffer from manifest illegality, jurisdictional error or abuse of process warranting interference under Section 482 Cr.P.C.

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Court's answer

A perusal of the impugned complaint and the summoning order discloses no manifest illegality, jurisdictional error or abuse of process; being a Section 138 NI Act cheque-dishonour case, the Court declines to quash the proceedings.

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Ratio / Principle

Liberty is reserved to the applicant to appear before the Magistrate and seek compounding of the offence in accordance with the principles in Damodar S. Prabhu; if an application is moved through counsel within three weeks, the Magistrate shall dispose of it in accordance with law within three months after hearing all parties; if the proceedings are not thereby ended, the trial shall proceed to its logical conclusion with all defences open to the applicant.

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Key takeaways

No coercive steps shall be adopted against the applicant for a period of three months in respect of the aforesaid case.ratio¶¶17

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), Brij Raj Singh, J. — Application under S.528 BNSS (old S.482 Cr.P.C.) by M/s Kanta Agritech Enterprises to quash the entire proceedings of Complaint Case No. 1371 of 2016 (M/s Sanskar Enterprises Vs. M/s Kanta Agritech Enterprises) under S.138 NI Act, P.S. Bazar Khala, District Lucknow, pending before the Learned Additional Court, Court No. 6, Lucknow, along with the summoning order dated 16.01.2017 and the non-bailable warrant order dated 04.06.2025. Counsel did not press the application on merits, stating the applicant had no knowledge of the NBW and was ready to appear within three weeks, with a chance of mediation. The Court found no manifest illegality, jurisdictional error or abuse of process and declined to quash. The applicant was permitted to seek compounding per Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663, with the Magistrate to decide such application within three months after hearing; failing which the trial would proceed. No coercive steps for three months. Application disposed of on December 18, 2025.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 10747 of 2025

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M/S Kanta Agritech Enterprises Thru. Proprietor Ramdev Singh Yadav

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Amrit Kumar Tiwari Counsel for Opposite Party(s) : G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application U/S 528, B.N.S.S. (Old Section 482 Cr.P.C.) has been filed mainly with a prayer to quash the entire proceeding of Complaint Case No. 1371 of 2016; M/s Sanskar Enterprises Vs. M/s Kanta Agritech Enterprises, Under Section 138 of The Negotiable Instruments Act, 1881, Police Station: Bazar Khala, District: Lucknow pending in the court of Learned Additional Court, Court No. 6, Lucknow as well as the summoning order dated 16.01.2017 and non bailable warrant order dated 04.06.2025 passed by Learned Additional Court, Court No. 6, Lucknow (contained as Annexure No. 1, 2 & 3).

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After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He submitted that non-bailable warrant has been issued on 04.06.2025 and he had no knowledge that is why he could not appear before the trial court. He has further submitted that the applicant is ready to cooperate in the proceedings and will appear before the trial court within three weeks from today. It is submitted that there is chance of mediation between the parties.

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A perusal of the impugned complaint and the summoning order does not disclose any such manifest illegality or jurisdictional error or an abuse of process of Court so as to call for interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. It is a case under Section 138 Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings.

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It will, however, be open to the applicant to appear before the Magistrate and pray for compounding the case in accordance with

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A482 No. 10747 of 2025

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principles laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663 . In case, the applicant appears before the Magistrate within three weeks from today through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of the application in accordance with law within three months bearing in mind the relevant directions in Damodar S. Prabhu (supra) after providing opportunity of hearing to all parties concerned. If the orders made do not work to bring proceedings to an end in accordance with law, the trial shall proceed and brought to its logical conclusion, where the applicant will have all defence open to him under the law.

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For a period of three months, no coercive steps shall be adopted against the applicant in respect of the aforesaid case.

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The application is disposed of in terms of the aforesaid orders.

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(Brij Raj Singh,J.)

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December 18, 2025 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

M/S Kanta Agritech Enterprises Thru. Proprietor Ramdev Singh Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

M/S Kanta Agritech Enterprises Thru. Proprietor Ramdev Singh Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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