Fakhruddin Siddiqui Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

Fakhruddin Siddiqui Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissal as not pressed with liberty to the applicant to move an appropriate application before the court concerned for reducing the fine and for grant of the statutory period of 60 days under Section 148(2) of the Negotiable Instruments Act, 1881, in terms of the order dated 23.04.2024 in Application U/s 482 No. 3676 of 2024.

Issue for consideration

Whether the impugned order dated 30.04.2025 passed by the learned Sessions Judge, District Lucknow in Criminal Appeal No. 125 of 2025, requiring deposit of 20% of the total fine imposed by the trial court, should be quashed and the fine reduced, having regard to the applicant's financial condition.

Ratio / Principle

The application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) was dismissed as not pressed, with liberty to the applicant to move an appropriate application before the court concerned for reducing the fine and for grant of the statutory period of 60 days under Section 148(2) of the Negotiable Instruments Act, 1881, in terms of the order dated 23.04.2024 passed by this Court in Application U/s 482 No. 3676 of 2024 (Shilp Maurya alias Shileep Maurya Vs. State of U.P. and another); the learned A.G.A. for the State had no objection.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 11), Rajnish Kumar, J. — Neutral Citation 2025:AHC-LKO:34707; Order Date 5.6.2025. Fakhruddin Siddiqui filed an application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) seeking quashing of the order dated 30.04.2025 passed by the learned Sessions Judge, District Lucknow in Criminal Appeal No. 125 of 2025 and a direction to reduce the fine, pleading that his financial condition did not permit deposit of 20% of the total fine imposed by the trial court. After argument, counsel for the applicant sought dismissal of the application as not pressed with liberty to move the court concerned for reduction of the fine and for the statutory period of 60 days under Section 148(2) of the Negotiable Instruments Act, 1881, in terms of the order dated 23.04.2024 of this Court in Application U/s 482 No. 3676 of 2024 (Shilp Maurya alias Shileep Maurya Vs. State of U.P. and another), to which the learned A.G.A. had no objection. The Court dismissed the application as not pressed with the said liberty. The merits of the quashing prayer were not adjudicated.

Neutral Citation No. - 2025:AHC-LKO:34707

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4676 of 2025

Applicant :- Fakhruddin Siddiqui Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And Another Counsel for Applicant :- Kunwar Ravi Prakash,Ram Sajiwan Yadav Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Heard Mr. Kunwar Ravi Prakash, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record.

By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicant has sought following prayer:-

"to quash the impugned order dated 30.04.2025 passed by learned Sessions Judge, District Lucknow in Criminal Appeal No. 125 of 2025 (Fakruddin Siddiqui Vs. State of U.P. and another) and further direct the appellate authority to reduce the fine amount after considering peculiar circumstances of appellant."

Learned counsel for applicant submits that financial condition of the applicant is not so that he may deposit the 20% of the total fine imposed by the trial court in compliance of order dated 30.04.2025 passed by learned Sessions Judge, Lucknow in Criminal Appeal No. 125 of 2025 (Fakruddin Siddiqui Vs. State of U.P. and another).

After arguing the matter at some length, learned counsel for applicant submits that this application may be dismissed as not pressed with liberty to the applicant to move an appropriate application before the court concerned for reducing the fine and grant statutory period of 60 days as provided under Section 148 (2) of the Negotiable Instruments Act, 1881 in terms or order dated 23.04.2024 passed by this Court in Application U/s 482 No. 3676 of 2024 (Shilp Maurya alias Shileep Maurya Vs. State of U.P. and another). To which learned A.G.A. for the State has no objection.

In view of above, this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) is dismissed as not pressed with liberty as aforesaid.

(Rajnish Kumar, J.)

Order Date :- 5.6.2025 Virendra

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