Disposed¶11

Vipul Tyagi v. State of U.P. and Another

Allahabad HC1 Jul 2025NA528/15005/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing petition; section 138 Negotiable Instrument Act complaint; summoning order dated 12.12.2022; Non-Bailable Warrant dated 24.01.2025; recall application; interim protection from coercive action till 04.08.2025; Civil Judge (Junior Division) F.T.C. Banda; P.S. Kotwali Nagar, District Banda; Shashank Shekhar v. Vipul Tyagi; bail dated 27.03.2024; 2025:AHC:100908; Order dated 1.7.2025; Vikas Budhwar, J.

What did the court decide?

Interim protection: no coercive action against the applicant till 04.08.2025 in Case No. 547/IX of 2024 (arising out of Complaint Case No. 151/IX/2022), subject to the applicant submitting a recall application by 18.07.2025, to be decided by 31.07.2025; protection stands vacated automatically on default. ¶11

Vipul Tyagi vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, who attributes his non-appearance to incarceration and subsequent release on bail, should be accorded time to submit a recall application against the order/non-bailable warrant and be protected from coercive action in the interregnum.

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Court's answer

The application is disposed of directing the applicant to submit a recall application by 18.07.2025, and on the said motion, subject to the compliances to be made by the applicant, the same is to be decided by 31.07.2025.

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Ratio / Principle

Till 04.08.2025, no coercive action shall be taken against the applicant with respect to Case No. 547/IX of 2024 arising out of Complaint Case No. 151/IX/2022, the summoning order dated 12.12.2022 and the Non-Bailable Warrant dated 24.01.2025.

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Key takeaways

The protection accorded is conditional on compliance with the terms, conditions and timeline provided; in case of default, the order stands vacated without reference to the Bench.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.; Neutral Citation 2025:AHC:100908; Order dated 1.7.2025) disposed of an application under Section 528 BNSS (Application U/S 528 BNSS No. 15005 of 2025) filed by Vipul Tyagi seeking quashing of the proceedings in Case No. 547/IX of 2024, arising out of Complaint Case No. 151/IX/2022 (Shashank Shekhar v. Vipul Tyagi) under section 138 Negotiable Instrument Act (P.S. Kotwali Nagar, District Banda), together with the summoning order dated 12.12.2022 and the Non-Bailable Warrant dated 24.01.2025 issued by the Civil Judge (Junior Division) F.T.C., Banda. The applicant, stated to have been in jail in another criminal case and released on bail on 27.03.2024, had failed to appear on 24.01.2025, whereupon the NBW was issued. The State (learned A.G.A.) raised no objection. The Court directed the applicant to submit a recall application by 18.07.2025, to be decided by 31.07.2025 subject to compliances, and ordered that till 04.08.2025 no coercive action be taken against him in the said case. The protection is conditional and stands vacated without reference to the Bench in case of default.

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Neutral Citation No. - 2025:AHC:100908

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Court No. - 75

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Case :- APPLICATION U/S 528 BNSS No. - 15005 of 2025

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Applicant :- Vipul Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Amit Kumar Dixit, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State.

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This is an application under Section 528 of BNSS preferred by the applicant for quashing the proceeding of Case no.547/IX of 2024 arising out complaint case no. 151/IX/2022 (Shashank Shekhar Versus Vipul Tyagi) under section 138 Negotiable Instrument Act, Police Station Kotwali Nagar, District Banda and summoning order dated 12.12.2022 (Annexure this affidavit) and Non Bailable Warrant dated 24.01.2025 issued by the Learned Civil Judge ( Junior Division) F.T.C. Banda in complaint case no. 547/IX of 2024 (annexure no. 6 to this affidavit) may also be quashed by this Hon'ble no. 3 Court, pending in the court of Learned to Civil Judge (Junior Division) F.T.C. Banda.

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Learned counsel for the applicant has submitted that the applicant with respect to a criminal case was in jail and he was accorded bail on 27.03.2024, however, due to reasons beyond the control and comprehension of the applicant, he could not join the proceedings and present himself on 24.01.2025, pursuant whereto non-bailable warrant has been issued. Learned counsel for the applicant submits that breathing time be accorded to the applicant to submit a recall application for recalling of the order and in the interregnum period, till the disposal of the recall application, protection be accorded.

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Learned A.G.A. has no objection to the same.

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Considering the submissions so made across the Bar, and looking into the fact situation, the application is disposed of directing the applicant to submit a recall application by 18.07.2025 and on the said motion, subject to the compliances to be made by the applicant, the same be decided by 31.07.2025.

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Till 04.08.2025, no coercive action shall be taken against the

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applicant with respect to Case no.547/IX of 2024 arising out Complaint Case no. 151/IX/2022 ( Shashank Shekhar Versus Vipul Tyagi ) under section 138 Negotiable Instrument Act, Police Station Kotwali Nagar, District Banda and summoning order dated 12.12.2022 and Non Bailable Warrant dated 24.01.2025 issued by the Civil Judge ( Junior Division) F.T.C. Banda, pending in the court of Learned to Civil Judge (Junior Division) F.T.C. Banda may also be quashed.

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The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

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Order Date :- 1.7.2025 N.S.Rathour

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(Vikas Budhwar, J)

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Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad

Vipul Tyagi v. State of U.P. and Another

Case brief

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Vipul Tyagi v. State of U.P. and Another

Case brief

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