Disposed

Deepak Kumar Agarwal v. State of U.P. and Another

Allahabad HC8 Sept 2025NA528/34056/2025

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What is this about?

Applicant sought quashing of a summoning order under section 138 NI Act and clubbing of three complaint cases from the same transactions. The court disposed of the application permitting the applicant to move an appropriate application under Sections 219/220 CrPC before the trial court, which shall decide it in accordance with law.

What did the court decide?

Liberty to move an application under Sections 219/220 CrPC for clubbing the three complaint cases.

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 34056 of 2025

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Deepak Kumar Agarwal	.....Applicant(s)
	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ajay Vir Singh, Saurabh Yadav
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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Sri Saurabh Yadav, learned counsel for the applicant submits that though the present application has been preferred for quashing the summoning order dated 20.11.2024 issued against the applicant as well as the entire proceedings of the case No. 865/2023 under section 138 of the Negotiable Instruments Act (M/s P.K. Traders Vs. M/s J.D. Creative Collection), P.S. Hariparvat, District Agra Pending in the court of Additional Chief Judicial Magistrate, Court No.-5, Agra and club the proceedings of the three cases arising out of the same transactions i.e. Complaint Case No. 862/2023 (M/s P.K. Traders Vs. M/s J.D. Creative Collection), 863/2023 (M/s P.K. Traders Vs. M/s J.D. Creative Collection) & 865/2023 (M/s P.K. Traders Vs. M/s J.D. Creative Collection) and may be tried at one trail, however, the applicant shall move appropriate application as permissible under law as per the provisions contained under Section 219/220 of CrPC for clubbing of the three cases in light of the judgment of the Hon'ble Apex Court in In Re: Expeditious Trial of Cases under Section 138 of N.I. Act, 1881 , Suo Motu Writ Petition (Crl.) No.2 of 2020 decided on 16.04.2021 and Dalip Kumar vs. Sachin Singal , CRM-M- 35360 of 2022 decided on 17.08.2023 .

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

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Accordingly, the application stands disposed of with the observation that

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NA528 No. 34056 of 2025

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the applicant shall move an appropriate application under Section 219/220 of CrPC and this Court has no reason to disbelieve that the same shall be decided in accordance with law.

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September 9, 2025 N.S.Rathour

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(Vikas Budhwar,J.)

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

Deepak Kumar Agarwal v. State of U.P. and Another

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Deepak Kumar Agarwal v. State of U.P. and Another

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