Disposed¶18

Lov Kush Patel v. State of U.P. and Another

Allahabad HC18 Aug 2025NA528/29989/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; Allahabad High Court; Vikas Budhwar, J.; interim stay of summoning order dated 17.10.2023; Complaint Case No. 8092 of 2023, Sachin Patel v. Lov Kush Patel; cheque dishonour; money advanced for procuring government job; immoral debt; Section 139 N.I. Act; Surinder Singh v. Ram Dev CRM-A No. 233 of 2021; Sadanandan Bhadran v. Madhavan Sunil Kumar AIR 1998 SC 3043; Fatehpur; counter affidavit six weeks; rejoinder two weeks.

What did the court decide?

Interim stay till the next date of listing of the further proceedings of the summoning order dated 17.10.2023 and of the entire proceedings of Complaint Case No. 8092 of 2023, Sachin Patel Vs. Lov Kush Patel, insofar as they relate to the applicant; notice issued to opposite party no. 2 and counter affidavits directed. ¶18

Lov Kush Patel 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 complaint proceedings founded on a cheque issued towards an amount allegedly advanced for procuring a government job — claimed to be an immoral debt outside Section 139 of the N.I. Act — are liable to be interfered with under Section 528 BNSS. +1 more

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Ratio / Principle

Till the next date of listing, the further proceedings of the impugned summoning order dated 17.10.2023 and the entire proceedings of Complaint Case No. 8092 of 2023, Sachin Patel Vs. Lov Kush Patel, insofar as they relate to the applicant, shall remain stayed.

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Key takeaways

Notice issued to opposite party no. 2; both opposite parties to file counter affidavits within six weeks, with rejoinder affidavit, if any, within two weeks thereafter.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.) — Application under Section 528 BNSS (No. 29989 of 2025) by Lov Kush Patel against the State of U.P. and another, concerning proceedings in Complaint Case No. 8092 of 2023 (Sachin Patel v. Lov Kush Patel) before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 02, Fatehpur, founded on a cheque said to have been drawn towards an amount advanced for procuring a government job and subsequently dishonoured. Applicant contended the debt was immoral and did not fall within Section 139 of the N.I. Act, placing reliance on Surinder Singh v. Ram Dev (CRM-A No. 233 of 2021) and Sadanandan Bhadran v. Madhavan Sunil Kumar (AIR 1998 SC 3043). The Court found the matter to require consideration, issued notice to opposite party no. 2, directed counter affidavits within six weeks and rejoinders within two weeks thereafter, and stayed, till the next date of listing, the further proceedings of the impugned summoning order dated 17.10.2023 and the entire complaint proceedings insofar as they relate to the applicant. Interim order only; no final adjudication on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 29989 of 2025

Lov Kush Patel

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Manvendra Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 75

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HON'BLE VIKAS BUDHWAR, J.

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The contention of the learned counsel for the applicant is that a bare perusal of the complaint would make it more than evident that with respect to advancement of a certain amount for precuring a government job when the same could not materialize, a cheque stood drawn by the applicant which was dishonoured. Submission is that it is a immoral debt which does not come within the definition of Section 139 of the N.I. Act. Reliance has been placed upon the judgment in the case of Surinder Singh v. Ram Dev; CRM-A No. 233 of 2021 , decided on 15.10.2024 and Sadanandan Bhadran v. Madhavan Sunil Kumar; AIR 1998 SC 3043 .

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Matter requires consideration.

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Learned AGA has accepted notice on behalf of opposite party no. 1- State.

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Issue notice to opposite party no. 2.

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Both the opposite parties shall file their counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List thereafter before appropriate bench.

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Till the next date of listing, the further proceedings of impugned summoning order dated 17.10.2023 passed by learned Additional Civil Judge (Junior Division) Judicial Magistrate, Court no.02, Fatehpur in

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NA528 No. 29989 of 2025

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Complaint Case No. 8092 of 2023, Sachin Patel Vs. Lov Kush Patel, as well as entire proceedings of Complaint Case No. 8092 of 2023, Sachin Patel Vs. Lov Kush Patel, insofar as it relates to the applicant shall remain stayed.

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(Vikas Budhwar,J.)

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September 4, 2025

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A. Prajapati

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

Lov Kush Patel v. State of U.P. and Another

Case brief

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Lov Kush Patel v. State of U.P. and Another

Case brief

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