Ramji Alias Rohit Kaushal and 2 Others vs State of U.P… — Cheque Dishonour | Allahabad HC (2025)

Ramji Alias Rohit Kaushal and 2 Others vs State of U.P… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief: notice issued to opposite party no. 2 (returnable at an early date) after the learned A.G.A. accepted notice for opposite party no. 1; counter affidavits within three weeks and rejoinder affidavit within one week thereafter; Application U/S 482 No. 2267 of 2025 disconnected from this application; to be listed after eight weeks; effect and operation of the orders dated 29.6.2024 and 20.5.2022 stayed against the applicants until further orders of this Court. Final adjudication on the quash application deferred.

Issue for consideration

Whether the cognizance order dated 20.5.2022 passed by the Chief Judicial Magistrate, Mahoba under Sections 406, 506, I.P.C. in Complaint Case No. 59 of 2022, and its affirmation dated 29.6.2024 by the Additional Sessions Judge, Court No. 1, Mahoba in Criminal Revision No. 51 of 2022, warrant quashing under Section 528 BNSS — including counsel's contentions that the impugned orders were passed without considering the facts, circumstances and position of law, and that the cognizance order was passed without applying the judicial mind. +1 more

Court's answer

Interim determination that the matter prima facie requires consideration.

Ratio / Principle

Having had the learned A.G.A. accept notice for opposite party no. 1, the Court directed that notice be issued to opposite party no. 2, returnable at an early date.

Key takeaways

The learned A.G.A. as well as opposite party no. 2 were permitted to file counter affidavits within three weeks, with rejoinder affidavit within one week thereafter.ratio¶10
The Court directed that Application U/S 482 No. 2267 of 2025 be disconnected from this application.ratio¶11
Until further orders of this Court, the effect and operation of the orders dated 29.6.2024 and 20.5.2022 shall remain stayed against the applicants.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), interim order dated 12.8.2025 on Application U/S 528 BNSS No. 14469 of 2025 filed by Ramji alias Rohit Kaushal and two others seeking quashal of the cognizance order dated 20.5.2022 passed by the Chief Judicial Magistrate, Mahoba taking cognizance under Sections 406, 506, I.P.C. in Complaint Case No. 59 of 2022 (complaint dated 13.12.2021), and of its affirmation dated 29.6.2024 by the Additional Sessions Judge, Court No. 1, Mahoba in Criminal Revision No. 51 of 2022. Counsel argued that the impugned orders ignored facts, circumstances and law, that the cognizance order lacked judicial mind, that the grievance is a purely civil dispute over breach of an agreement to sell land better suited to specific performance, and that a Section 138 Negotiable Instruments Act complaint (Rohit Kaushal v. Raghvendra Singh) has been pending since 2019. Finding the matter prima facie to require consideration, the Court had the A.G.A.'s notice accepted for opposite party no. 1, ordered notice to opposite party no. 2, set three weeks for counters and one week for rejoinder, disconnected allied Application U/S 482 No. 2267 of 2025, listed the matter after eight weeks, and stayed the effect and operation of both impugned orders against the applicants until further orders. Quashability remains open.

Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14469 of 2025 Applicant :- Ramji Alias Rohit Kaushal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Mani Pandey,Tushar Krishnani Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Chandra Mani Pandey, learned counsel for the applicants and Shri Puspraj Singh, learned brief holder for the State.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the order dated 29.6.2024 passed by Additional Sessions Judge, Court No. 1, Mahoba in Criminal Revision No. 51 of 2022, whereby the revisional court affirmed the order dated 20.5.2022 passed by Chief Judicial Magistrate, Mahoba in Complaint Case No. 59 of 2022, whereby learned magistrate took cognizance under Sections 406, 506, I.P.C.

Learned counsel for the applicants submits that the impugned orders have been passed without considering the facts, circumstances and position of law. It is further submitted that the complaint dated 13.12.2021 has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that the cognizance order has been passed without applying the judicial mind. It is further submitted that as per allegation of complaint, all the allegations are related to purely civil dispute with regard to breach of contract to sell a piece of land.

It is further submitted that instead of filing a suit for Specific Performance of Contract, impugned complaint has been filed. It is further submitted that one complaint case under Section 138 of Negotiable Instruments Act, Rohit Kaushal Vs. Raghvendra Singh (brother of the complainant) is also pending since 2019 between the parties. It is further submitted that the complainant converted the civil dispute into a criminal case.

Prima facie, matter requires consideration.

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

Issue notice to opposite party no.2 returnable at an early date.

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.

Disconnect the Application U/S 482 No. 2267 of 2025 with this application.

List after eight weeks.

Until further orders of this Court, effect and operation of orders dated 29.6.2024 and 20.5.2022 shall remain stayed against the applicants.

Order Date :- 12.8.2025 T. Sinha

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad