Arunesh Kumar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Arunesh Kumar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant directed to file recall application by 5.9.2025 (to be decided by the court below preferably within a month); no coercive action against the applicant with respect to Complaint Case No. 1782 of 2021 until the recall application is decided; protection conditional on compliance, failing which the order stands vacated without reference to the Bench.

¶Judgment para 5

Issue for consideration

Whether, in the application under S. 528 BNSS seeking quashing of the entire proceedings of Complaint Case No. 1782 of 2021 (S. 138 N.I. Act), the applicant should be accorded time to file a recall application, with no coercive action against him until that application is decided.

¶Judgment para 3

Court's answer

The application is disposed of, directing the applicant to file a recall application by 5.9.2025, which the court below is expected to decide with most expedition, preferably within a month.

¶Judgment para 5

Ratio / Principle

Until the recall application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 1782 of 2021 (Garima Agrawal v. Arunesh Kumar) under Section 138 N.I. Act, P.S. Indrapuram, District Ghaziabad.

¶Judgment para 6

Key takeaways

The protection granted is conditional on compliance with the stated terms, conditions and timeline; in case of default, the order shall stand vacated without reference to the Bench.ratio¶Judgment para 7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikas Budhwar, J.), order dated 22.8.2025 in Application u/s 528 BNSS No. 31010 of 2025: the applicant sought quashing of the entire proceedings of Complaint Case No. 1782 of 2021 (Garima Agrawal v. Arunesh Kumar) under Section 138 N.I. Act, P.S. Indrapuram, District Ghaziabad, having been unable, for reasons stated to be beyond his control, to join the proceedings after summons (05.06.2017), issuance of a non-bailable warrant (07.10.2017) and proceedings under Section 82 CrPC (30.05.2018). The learned A.G.A. raised no objection. The application was disposed of: the applicant was directed to file a recall application by 5.9.2025, expected to be decided by the court below with most expedition, preferably within a month; no coercive action was to be taken against the applicant till the recall application was decided; and the protection was made conditional, standing vacated automatically on default without reference to the Bench. No adjudication was made on the quashing prayer itself.

Neutral Citation No. - 2025:AHC:144511

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 31010 of 2025

Applicant :- Arunesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Mukesh Kumar, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State.

This is an application u/s 528 BNSS preferred by the applicant for quashing the entire proceeding of Complaint Case No. 1782 of 2021 (Garima Agrawal Vs. Arunesh Kumar) Under Section 138 N.I. Act, P.S. Indrapuram, District Ghaziabad.

Learned counsel for the applicant has submitted that postdishonouring of a cheque, a complaint stood lodged on 08.12.2016 by O.P. No.2 against the applicant, pursuant whereto the applicant was summoned on 05.06.2017. Thereafter, non-bailable warrant had been issued on 07.10.2017 followed by proceedings under Section 82 CrPC took place on 30.05.2018. Learned counsel for the applicant submits that that due to certain reasons beyond the control and the comprehension of the applicant, the applicant could not join the proceedings and participate. He submits that breathing time be accorded to file recall application and till recall application is decided, no coercive action shall be taken against the applicant.

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 recall application by 5.9.2025 and the Court has no reason to disbelieve that the court below shall decide the same with most expedition, preferably within a month.

Till the recall application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 1782 of 2021 (Garima Agrawal Vs. Arunesh Kumar) Under Section 138 N.I. Act, P.S. Indrapuram, District Ghaziabad..

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 :- 22.8.2025 piyush

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