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

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

What the court decided

AI extract

Outcome

Application disposed of: applicant to file compounding proceedings under Section 147 of N.I. Act by 31.07.2025; court below to decide the same expeditiously, preferably within 45 days, in light of Damodar S. Prabhu Vs. Syed Babalal (2010) 5 SCC 663; no coercive action against the applicant for 45 days in respect of Complaint Case No. 23772 of 2023 and the order dated 16-10-2023, subject to compliance, failing which the protection stands vacated automatically.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of Complaint Case No. 23772 of 2023 (under section 138 of the Negotiable Instruments Act) and of the order dated 16-10-2023 passed by the Additional Chief Judicial Magistrate, Court-2, Agra should be entertained, or whether the applicant should instead pursue compounding under Section 147 of the N.I. Act with interim protection.

Court's answer

The application is disposed of with a direction to the applicant to file proceedings for compounding under Section 147 of the N.I. Act by 31.07.2025, and the court below is directed to decide the same with most expedition, preferably within 45 days.

Ratio / Principle

As interim protection, till 45 days from the date of the order no coercive action shall be taken against the applicant with respect to Complaint Case No. 23772 of 2023 under section 138 of the Negotiable Instruments Act and the order dated 16-10-2023.

Key takeaways

The protection accorded is conditional upon compliance with the terms, conditions and timeline fixed; in case of default, the order shall stand vacated automatically without reference to the Bench.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.) disposed of an application under S.528 BNSS filed for quashing of Complaint Case No. 23772 of 2023 ('Mrs. Ursha Group through its proprietor Farman Vs. Rehan Uddin') under section 138 of the Negotiable Instruments Act, P.S. Sikandara, District Agra, and of the order dated 16-10-2023 passed by the Additional Chief Judicial Magistrate, Court-2, Agra. On the statement of counsel for the applicant (to which the A.G.A. had no objection), the applicant was directed to file compounding proceedings under Section 147 of the N.I. Act by 31.07.2025, and the court below was directed to decide the same with most expedition, preferably within 45 days, in light of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663. Till 45 days from the date of the order, no coercive action was to be taken against the applicant in the said complaint; the protection was made conditional, standing vacated automatically on default without reference to the Bench.

Neutral Citation No. - 2025:AHC:113157

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 22058 of 2025

Applicant :- Rehan Uddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar, Kuldeep Kumar Gupta Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Sri Yadvendra Dwivedi (AoR No.A/Y 0095/2013) holding brief of Sri Ashish Kumar, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the Complaint Case No. 23772 of 2023 " Mrs. Ursha Group through its proprietor Farman Vs. Rehan Uddin " under section 138 of Negotiable Instruments Act, Police Station Sikandara District Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.-2, Agra and the order dated 16-102023 passed by learned Additional Chief Judicial Magistrate, Court-2, Agra in Complaint Case No. 23772 of 2023 " Mrs. Ursha Group through its proprietor Farman Vs. Rehan Uddin ", however, he has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal , (2010) 5 SCC 663 and till the said application is preferred, protection be accorded.

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

Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 31.07.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days.

Till 45 days from today, no coercive action shall be taken against the applicant with respect to the proceedings of Complaint Case No. 23772 of 2023 " Mrs. Ursha Group through its proprietor Farman Vs. Rehan Uddin " under section 138 of Negotiable Instruments Act, Police Station Sikandara District Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.-2, Agra and the order dated 16-10-2023 passed by learned Additional

Chief Judicial Magistrate, Court-2, Agra in Complaint Case No. 23772 of 2023 " Mrs. Ursha Group through its proprietor Farman Vs. Rehan Uddin ".

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.

Order Date :- 15.7.2025 N.S.Rathour

(Vikas Budhwar, J)

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