Bharat Bhushan @ Bharat Bhushan Rai Vs State of U.P… — Cheque Dishonour | Allahabad HC (2025)

Bharat Bhushan @ Bharat Bhushan Rai Vs State of U.P… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Conditional interim relief: warrants dated 09.01.2025 kept in abeyance for ten days subject to the applicant appearing before the trial court within ten days, whereupon his appearance shall be recorded and the matter proceeded with in accordance with law; benefit lost if he fails to appear within the period.

Issue for consideration

Whether the applicant should obtain relief from the summons and non-bailable warrants issued in connection with the proceedings under Section 138 of Negotiable Instruments Act (Case No.1930 of 2023, M/S Piyus Traders versus M/S H.R. Associates and others), counsel alleging serious defects in the complaint and asserting the applicant is not the proprietor of the firm concerned.

Court's answer

In case the applicant appears before the trial court within ten days, the trial court shall duly record his appearance and proceed in the matter in accordance with law.

Ratio / Principle

The warrants issued by the trial court dated 09.01.2025 shall be kept in abeyance for a period of the next ten days.

Key takeaways

In case the applicant does not appear before the trial court within the stated period, the benefit of the order shall not be available to him after expiry of the period.ratio¶10

Detailed headnote1 paragraphs

Application U/S 482 No. 2997 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 12; decided 8.4.2025 by Hon'ble Alok Mathur, J.; Neutral Citation 2025:AHC-LKO:19666) filed by Bharat Bhushan @ Bharat Bhushan Rai against the State of U.P. and another. The applicant had been pursued with summons and a non-bailable warrant (issued 09.01.2025, for appearance on 17.03.2025) arising from a complaint by opposite party no.2 in proceedings under Section 138 of Negotiable Instruments Act, pending as Case No.1930 of 2023, M/S Piyus Traders versus M/S H.R. Associates and others; counsel alleged serious defects in the complaint and denied the applicant's proprietorship of the firm. After argument, counsel undertook that the applicant would appear before the trial court. The Judge directed that upon the applicant's appearance within ten days the trial court shall duly record his appearance and proceed in accordance with law, kept the warrants dated 09.01.2025 in abeyance for ten days, and clarified that the benefit of the order lapses if the applicant fails to appear within the period. On these directions the petition was disposed of. No merits adjudication (quashing or otherwise) was made; the underlying trial-court case is recorded as a prior proceeding, not as a cited precedent.

Neutral Citation No. - 2025:AHC-LKO:19666

Court No. - 12

Case :- APPLICATION U/S 482 No. - 2997 of 2025

Applicant :- Bharat Bhushan @ Bharat Bhushan Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Indrajeet,Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard Sri Amit Kumar Srivastava, learned counsel for the applicant as well as learned AGA on behalf of the Staterespondent.

It has been submitted by counsel for the applicant that on a complaint made by the opposite party no.2, summons and nonbailable warrants have been issued to the applicant. He submits that non-bailable warrant has been issued on 09.01.2025 for appearance on 17.03.2025.

Counsel for the applicant submits that there are serious defects in the complaint and further the applicant denies being the proprietor of the Firm against which the proceedings have been initiated. The aforesaid ground has been challenged the proceedings under Section 138 of Negotiable Instruments Act.

After arguing the matter at length, learned counsel for the applicants submits that he is ready and willing to appear before the trial court in Case No.1930 of 2023, M/S Piyus Traders versus M/S H.R. Associates and others.

Accordingly, in case, the applicant appears before the trial court within ten days, then the trial court shall duly record his appearance and proceed in the matter in accordance with law. For a period of next ten days, the warrants issued by the trial court dated 09.01.2025 shall be kept in abeyance. It is made clear that in case the applicant does not appear before the trial court, the benefit of the order shall not be available to him after expiry of the period.

In the aforesaid directions, the petition is disposed of .

[ Alok Mathur,J. ]

Order Date :- 8.4.2025 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench