Abhishek Tiwari @ Akash v. State of U.P. and Another
Case brief
What is this about?
Section 528 BNSS quashing application against summoning order dated 04.04.2022 in Complaint Case No. 820 of 2021 (Sanjeev Kumar v. Abhishek Tiwari @ Akash) under Section 138 N.I. Act, Judicial Magistrate, Mauranipur, Jhansi; cheque No. 219971 dated 09.03.2021 for Rs. 2,00,000/- dishonoured 15.05.2021; pleas of lost cheque, signature mismatch and fraud held to be matters of trial, not cognizable at summoning stage; Section 139 N.I. Act presumption in favour of complainant/holder; application rejected and disposed of; bail left to court below to be decided expeditiously in view of Satender Kumar Antil v. CBI, (2022) 10 SCC 51; decided 3.7.2025 by Vikas Budhwar, J., High Court of Judicature at Allahabad.
What did the court decide?
No quashing relief: interference with the summoning order dated 04.04.2022 and the Section 138 N.I. Act proceedings was declined and the application was rejected (para 12). On counsel's subsequent prayer, the application was disposed of with the observation that any bail application preferred before the court below shall be decided with most expedition strictly in accordance with law, keeping in view Satender Kumar Antil (supra) (para 15).