Shahabuddin Khan vs State of U.P. Thru. the Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

Shahabuddin Khan vs State of U.P. Thru. the Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: (i) summoning order dated 10.12.2020 in Complaint Case No. 5021/2019 stayed until 02.04.2025; (ii) petition connected with Application U/S 482 No. 2014 of 2025 (mediation track). The Section 482 petition itself is not finally adjudicated in this order.

Issue for consideration

Whether this Section 482 petition, arising from a dispute between the petitioner and opposite party no. 2 pertaining to seven different cheques, can be routed through the Mediation and Conciliation Centre (like the petitioner's connected Application U/S 482 No. 2014 of 2025) and therefore connected with that application. +1 more

Court's answer

The petition is connected with Application U/S 482 No. 2014 of 2025 (Shahabuddin Khan vs. State of U.P. and Another), adopting the mediation track already adopted there.

Ratio / Principle

The summoning order dated 10.12.2020, passed in Complaint Case No. 5021/2019, under Section 138 of the Negotiable Instruments Act, P.S. Chinhat, District Lucknow, shall remain stayed until 02.04.2025.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) — Karunesh Singh Pawar, J., order dated 07.03.2025, Application U/S 482 No. 2030 of 2025, Shahabuddin Khan v. State of U.P. & another: in a cheque-dishonour dispute pertaining to seven different cheques, the petitioner sought the mediation route already adopted in his connected Application U/S 482 No. 2014 of 2025 (order dated 04.03.2025: notice to respondent no. 2 to give consent for referral to the Mediation and Conciliation Centre; petitioner's undertaking to deposit Rs. 1,00,000/- with the Centre within 15 days, failing which the interim protection there lapses automatically; summoning order dated 10.12.2020 of Presiding Officer, Additional Court No.4, Lucknow in Complaint Case No.4568 of 2019 stayed; listing on 2.4.2025 with Application U/S 482 No.-2016 of 2025). Acting on the prayer, this court connected the present petition with Application U/S 482 No. 2014 of 2025 and kept the impugned summoning order dated 10.12.2020 in Complaint Case No. 5021/2019 (Section 138 NI Act, P.S. Chinhat, District Lucknow) stayed until 02.04.2025. Interim order only; the petition remains pending.

Court No. - 16

Case :- APPLICATION U/S 482 No. - 2030 of 2025

Applicant :- Shahabuddin Khan Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohd. Nafees,Dinesh Kumar Shukla,Pawan Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned AGA for the State.

Learned counsel for the petitioner submits that the dispute between the petitioner and opposite party no. 2 pertains to seven different cheques. In one of the cases i.e Application U/S 482 No. 2014 of 2025, the following order was passed on 04.03.2025:

"Heard learned counsel for the petitioner and learned A.G.A. for the State.

At the outset, learned counsel for the petitioner submits that the dispute between the petitioner and opposite party no. 2 in all likelihood can be settled through mediation if it is referred to the Mediation and Conciliation Centre of this Court.

In view of the above, let notices be issue to respondent no.2 returnable at an early date.

Learned counsel for the petitioner has undertaken to deposit a sum of Rs.1,00,000/- (One Lakh) before the Mediation and Conciliation Centre of this Court within a period of 15 days' from today.

Respondent no. 2 is directed to appear before this court on the next date of listing to give his consent as to whether he wants to refer this matter to the Mediation and Conciliation Center of this Court or not.

The petitioner shall also appear on the next date of listing.

List on 2.4.2025 along with Application U/S 482 No.-2016 of 2025.

Till the next date of listing, the impugned summoning order dated 10.12.2020 passed by learned Presiding Officer, Additional Court No.4, Lucknow in Complaint Case No.4568 of 2019, shall remain stayed.

It is made clear that in case the amount, as directed vide this order, is not deposited by the petitioner within a period of fifteen days' from today, the protection provided to the petitioner through this order shall stand vacated automatically."

Learned counsel for the petitioner prays that since under the aforesaid order, the parties are already sent to Mediation Centre

of this Court, this dispute can also be resolved there, in case, the parties arrive at any settlement, hence, prays that this case may be connected to Application U/S 482 No. 2014 of 2025.

In view of the above, let this petition be connected with APPLICATION U/S 482 No. 2014 of 2025, Shahabuddin Khan vs. State of U.P. and Another.

The impugned summoning order dated 10.12.2020, passed in Complaint Case No. 5021/2019, under Section 138 of the Negotiable Instruments Act, P.S. Chinhat, District Lucknow, shall remain stayed until 02.04.2025.

Order Date :- 7.3.2025 R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Order under challenge
Summoning order dated 10.12.2020 issued in Complaint Case No. 5021/2019 (cheque dishonour under Section 138 NI Act), P.S. Chinhat, District Lucknow, challenged through this Section 482 application.¶19
2020-12-10
Prior proceeding
Order dated 04.03.2025 passed in the connected Application U/S 482 No. 2014 of 2025: notices issued to respondent no. 2 returnable early; he was to appear on the next listing (2.4.2025, along with Application U/S 482 No.-2016 of 2025) to give or withhold consent for referral to the Mediation and Conciliation Centre; petitioner undertook to deposit Rs. 1,00,000/- with the Mediation Centre within 15 days; summoning order dated 10.12.2020 of learned Presiding Officer, Additional Court No.4, Lucknow in Complaint Case No.4568 of 2019 stayed till next listing; protection to stand vacated automatically if the deposit was not made within fifteen days.¶6
Prior proceeding
In that quoted order, respondent no. 2 was directed to appear before the court on the next date of listing to give his consent regarding referral of the matter to the Mediation and Conciliation Center.¶11
Prior proceeding
In that quoted order, learned counsel for the petitioner undertook to deposit Rs. 1,00,000/- (One Lakh) before the Mediation and Conciliation Centre within 15 days.¶10
Prior proceeding
In that quoted order, the impugned summoning order dated 10.12.2020 of learned Presiding Officer, Additional Court No.4, Lucknow in Complaint Case No.4568 of 2019 was stayed till the next date of listing, with the protection to stand vacated automatically if the directed amount was not deposited within fifteen days.¶14
Prior proceeding
In the present case, learned counsel prayed that since under the aforesaid 04.03.2025 order the parties are already sent to the Mediation Centre, this dispute too could be resolved there upon any settlement, and sought connection of this case with Application U/S 482 No. 2014 of 2025.¶16