Kamlesh Vishwakarma and Another Vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2025)

Kamlesh Vishwakarma and Another Vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicants directed to submit a recall application for the non-bailable warrants by 18.07.2025 subject to statutory requirements; court below to decide it within one month of surrender and bail; interim protection from coercive action till decision, conditional on compliance and liable to be vacated on default without reference to the Bench.

Issue for consideration

Whether the proceedings of Complaint Case No.1856 of 2019 under Section 138 N.I. Act, the summoning order dated 09.01.2020 and the Non-Bailable Warrant dated 16.05.2025 should be quashed. +1 more

Ratio / Principle

The application stands disposed of, directing the applicants to submit a recall application for recalling of the non-bailable warrants in accordance with law.

Key takeaways

The recall application is to be submitted by 18.07.2025 subject to fulfilment of the statutory requirement, and on such motion the court below shall decide it with most expedition within one month.ratio¶¶7
The court below is to decide the recall application after the applicants surrender and obtain bail, with most expedition within a period of one month.ratio¶¶7
Until the recall application is decided, no coercive action shall be taken against the applicants with respect to the complaint, the summoning order dated 09.01.2020 and the NBW dated 16.05.2025.

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.), order dated 11.07.2025 in Application U/S 528 BNSS No. 20708 of 2025 (Kamlesh Vishwakarma and another vs. State of U.P. and another): the applicants had sought quashing of proceedings in Complaint Case No.1856 of 2019 'Siddharth Maheshwari vs. Kamlesh Vishwakarma' under Section 138 N.I. Act (Police Station Kotwali Nagar, District Saharanpur) pending before the Additional Judge, Saharanpur, together with the summoning order dated 09.01.2020 and Non-Bailable Warrant dated 16.05.2025, but counsel confined relief to recall of the NBW; the A.G.A. raised no objection. The application was disposed of with a direction to the applicants to file a recall application by 18.07.2025 subject to statutory requirements, to be decided by the court below with expedition within one month of surrender and bail. Till decision, no coercive action was to be taken against the applicants; the protection was conditional and would stand vacated on default without reference to the Bench.

Neutral Citation No. - 2025:AHC:111522

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 20708 of 2025 Applicant :- Kamlesh Vishwakarma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Rai Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Mr. Anand Mohan Rai, learned counsel for the applicants submits that though the application has been preferred to quash the proceedings of Complaint Case No.1856 of 2019 'Siddharth Maheshwari vs. Kamlesh Vishwakarma' U/s 138 N.I. Act of Police Station- Kotwali Nagar, District Saharanpur pending in the court of Additional Judge, Saharanpur as well as the impugned summoning order dated 09.01.2020 and Non Bailable Warrant dated 16.05.2025 issued against the applicant, however, he confines his relief for recalling of the NBW order.

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

Considering the submissions so made by the counsel for the applicants as well as stand taken by them, the application stands disposed of directing the applicants to submit a recall application for recalling of the non-bailable warrants in accordance with law subject to fulfillment of the statutory requirement by 18.07.2025 and on the said motion, the court below shall decide the same with most expedition within one month. post surrendering and obtaining bail and the court below shall decide the same with most expedition within a period of one month.

Till the recall application is decided, no coercive action shall be taken against the applicants with respect to Complaint Case No.1856 of 2019 'Siddharth Maheshwari vs. Kamlesh

Vishwakarma' U/s 138 N.I. Act of Police Station- Kotwali Nagar, District Saharanpur pending in the court of Additional Judge, Saharanpur as well as the impugned summoning order dated 09.01.2020 and Non Bailable Warrant dated 16.05.2025.

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

Order Date :- 11.7.2025 A. Prajapati

Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad