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: petition connected with Application U/S 482 No. 2014 of 2025; impugned summoning order dated 10.12.2020 in Complaint Case No. 8190/2019 to remain stayed until 02.04.2025.

Issue for consideration

Whether this application, arising out of the same multi-cheque dispute between the petitioner and opposite party no. 2, should be connected with Application U/S 482 No. 2014 of 2025 for resolution through the Mediation and Conciliation Centre, and whether the summoning order should meanwhile remain stayed.

Court's answer

This petition is connected with APPLICATION U/S 482 No. 2014 of 2025, Shahabuddin Khan vs. State of U.P. and Another.

Ratio / Principle

The impugned summoning order dated 10.12.2020 passed in Complaint Case No. 8190/2019 under Section 138 of the Negotiable Instruments Act, P.S. Chinhat, District Lucknow, shall remain stayed until 02.04.2025.

Detailed headnote1 paragraphs

Interim order dated 07.03.2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 16), Hon'ble Karunesh Singh Pawar, J., in Application U/S 482 No. 2038 of 2025 (Shahabuddin Khan v. State of U.P. and Another). The dispute between the petitioner and opposite party no. 2 pertains to seven different cheques; in the companion matter (Application U/S 482 No. 2014 of 2025, order dated 04.03.2025) notices had been issued for the respondent's consent to reference of the matter to the Mediation and Conciliation Centre, with the petitioner undertaking to deposit Rs.1,00,000/- there within 15 days failing which the interim protection would stand vacated automatically. Holding that the parties were already before the Mediation Centre, the Court connected the present petition with Application U/S 482 No. 2014 of 2025 and directed that the impugned summoning order dated 10.12.2020 passed in Complaint Case No. 8190/2019 under Section 138 of the Negotiable Instruments Act, P.S. Chinhat, District Lucknow, shall remain stayed until 02.04.2025.

Court No. - 16

Case :- APPLICATION U/S 482 No. - 2038 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. 8190/2019, 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