Arvind Kumar Singh Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

Arvind Kumar Singh Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing prayer refused; applicant granted liberty to appear before the trial Court within two weeks from the order date and apply for bail, which shall be decided expeditiously in view of Satender Kumar Antil (supra); application disposed of.

Issue for consideration

Whether the entire proceedings of Case No. 11953 of 2022 under Section 138 NI Act, the summoning order dated 29.08.2022 and the non bailable warrant issued on 21.11.2024 ought to be quashed. +1 more

Court's answer

Prayer for quashing the impugned proceedings (Case No. 11953 of 2022, summoning order dated 29.08.2022 and non bailable warrant dated 21.11.2024) is refused.

Ratio / Principle

If the applicant appears before the trial Court within two weeks and applies for bail, the bail application shall be decided expeditiously in view of the law laid down by the Supreme Court in Satender Kumar Antil's case (supra).

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. (No. 2309 of 2025) by Arvind Kumar Singh seeking quashing of the entire proceedings in Case No. 11953 of 2022 under Section 138 of the Negotiable Instruments Act (P.S. Rajesultanpur, District Ambedkar Nagar), pending before the Court of Civil Judge Senior Division FTC/Additional Chief Judicial Magistrate, Ambedkar Nagar, together with the summoning order dated 29.08.2022 and a non bailable warrant issued on 21.11.2024. At hearing, learned counsel for the applicant submitted that his grievance would be substantially redressed if liberty were granted to file a bail application before the Court concerned, to be decided in view of the law laid down by the Supreme Court in Satender Kumar Antil v. CBI, SLP(Cri) No. 5191 of 2021; the learned A.G.A. had no objection. Alok Mathur, J. (High Court of Judicature at Allahabad, Lucknow Bench) refused the prayer for quashing but provided that if the applicant appears before the trial Court within two weeks and applies for bail, the same shall be decided expeditiously in view of Satender Kumar Antil (supra). Application disposed of by order dated 20.3.2025 (Neutral Citation 2025:AHC-LKO:16205).

Neutral Citation No. - 2025:AHC-LKO:16205

Court No. - 12

Case :- APPLICATION U/S 482 No. - 2309 of 2025

Applicant :- Arvind Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shikhar Chaube,Ankit Singh,Ashok Kumar Chaube Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard learned counsel for applicant as well as learned Additional Government Advocate for State.

The present 482 Cr.P.C. application has been filed for quashing the entire proceedings of Case No. 11953 of 2022, under Section 138 of Negotiable Instruments Act, Police Station - Rajesultanpur, District - Ambedkar Nagar, pending before the Court of Civil Judge Senior Division FTC/Additional Chief Judicial Magistrate, Ambedkar Nagar alongwith the summoning order dated 29.08.2022, as well as the non bailable warrant issued on 21.11.2024.

Learned counsel for applicant, after arguing the matter at some length, submits that grievance of applicant shall be substantially redressed in case applicant is granted liberty to file bail application before the Court concerned, which may be decided in view of the law laid down by Hon'ble Supreme Court in " Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021 ".

Learned A.G.A. has no objection in case suitable directions are issued to the Court concerned to consider and decide the applicant's application for bail in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra) .

In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial Court within two weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra) .

The application is accordingly disposed of .

Order Date :- 20.3.2025 A. Verma

(Alok Mathur, J.)

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench