Disposed¶17

Dharmendra Pratap Singh v. State of U.P. and Another

Allahabad HC8 Sept 2025NA528/34057/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application disposed; Section 138 NI Act; Section 142 NI Act; summoning order dated 30.11.2021; Complaint Case No. 9994 of 2021; cheque dishonour Rs.10,06,450/-; wrong accused / father's name mismatch (s/o Vijendra Pratap Singh vs s/o late Preetam Singh); statutory demand notice not served; non-bailable warrant and bail; P.S. Jangipur, District Ghazipur; Additional Civil Judge (JD)/JM Fast Track Court; liberty to raise all legal and factual grounds before trial court; interference declined; A.G.A. no objection; decided September 9, 2025.

What did the court decide?

No quashing; interference declined, with liberty to the applicant to raise all legal and factual grounds before the trial court. ¶17

Dharmendra Pratap Singh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No quashing; interference declined, with liberty to the applicant to raise all legal and factual grounds before the trial court.

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Issue for consideration

Whether the entire proceeding of Complaint Case No. 9994 of 2021, Shailesh Singh Vs. Dharmendra Pratap Singh, under S.138 NI Act pending before the Additional Civil Judge (JD)/JM, Fast Track Court, Ghazipur, together with the summoning order dated 30.11.2021, should be quashed. +2 more

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Court's answer

Interference declined; the complaint proceedings and the summoning order were not quashed.

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Ratio / Principle

Since the applicant himself is contesting the trial, it is always open to him to raise all legal and factual grounds, which are advisable and permissible, before the court below; the Court had no reason to disbelieve that the court below shall consider the same in correct perspective.

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Key takeaways

With the aforesaid observation, the application stands disposed of.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.) — Application under S.528 BNSS (No. 34057 of 2025) by Dharmendra Pratap Singh seeking quashing of Complaint Case No. 9994 of 2021 (Shailesh Singh Vs. Dharmendra Pratap Singh) under S.138 NI Act, P.S. Jangipur, District Ghazipur, and the summoning order dated 30.11.2021 of the Civil Judge (JD)/Fast Track Court, Ghazipur. The applicant pleaded a father's-name mismatch (s/o Vijendra Pratap Singh versus the accused described as s/o late Preetam Singh), absence of legal debt or liability, non-service of the statutory demand notice, infraction of Sections 138 read with 142 N.I. Act, and that he was not the drawer of the cheque of Rs.10,06,450/- dishonoured on 23.08.2021. Held: since the applicant is already contesting the trial, interference was declined; it remains open to him to raise all legal and factual grounds before the court below, which shall consider them in correct perspective. Learned A.G.A. had no objection. Application disposed of (September 9, 2025).

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 34057 of 2025

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Dharmendra Pratap Singh

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.....Applicant(s)

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	Versus
State of U.P. and Another	....	.Opposite Party(s)
Counsel for Applicant(s)	: Bharat Singh Pal, Shivangi Subhash Chandra Tiwari	Tripathi,
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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Heard Sri Bharat Pal Singh, learned counsel for the applicant as well as Sri K.K. Vishwakarma, learned A.G.A. for the State.

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This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceeding of the impugned Complaint Case No. 9994 of 2021, Shailesh Singh Vs. Dharmendra Pratap Singh under section 138 of Negotiable Instruments Act, 1881. Police Station Jangipur, District Ghazipur pending in the court of Additional Civil Judge (JD)/JM, Fast Track Court, Ghazipur as well as for quashing the impugned summoning order dated 30.11.2021 passed by the Court of Newly Constituted Civil Judge (JD)/Fast Track Court, Ghazipur (Annexure No. 1).

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The case of the applicant is that a complaint stood lodged on 26.09.2021 by the O.P. No.2 under Section 138 of N.I. Act against one Dharmendra Pratap Singh s/o late Preetam Singh with respect to dishonouring of a cheque of an amount of Rs.10,06,450/- which on presentation in the bank on 21.08.2021 came to be dishonoured on 23.08.2021 followed by a statutory demand notice. Learned counsel for the applicant has submitted that the name of the applicant is Sri Dharmendra Pratap Singh s/o Vijendra Pratap Singh and the statutory demand notice came to be issued in favour of the accused Dharmendra Pratap Singh s/o Preetam Singh and not the applicant and while inviting attention towards para-13, it is contended that the nonbailable warrant was issued and thereafter applicant has obtained bail. Learned counsel for the applicant submits that the applicant is contesting the

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NA528 No. 34057 of 2025

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matter before the trial court and according to him, the grounds which the applicant seeks to raise with regard to the fact that there is no legal debt or liability and statutory demand notice has not been issued and served to him and there is a clear infraction of the provisions contained under Sections 138 read with Section 142 of N.I. Act, coupled with the fact that the applicant is not the drawer of the cheque, which would be raised be considered in correct perspective.

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

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Accordingly, interference is declined.

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Considering the submissions so made across the Bar, since the applicant himself is contesting the trial, thus it is always open to the applicant to raise all the legal and factual grounds, which are advisable and permissible and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective.

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With the aforesaid observation, the application stands disposed of .

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September 9, 2025

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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

Dharmendra Pratap Singh v. State of U.P. and Another

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Dharmendra Pratap Singh v. State of U.P. and Another

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