Kuldeep Singh Sodhi vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Kuldeep Singh Sodhi vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim (conditional) stay ordered: further proceedings of Complaint Case No. 310 of 2009 shall remain stayed against the applicant until further orders; notice to be issued to private opposite party no. 2 through the C.J.M. concerned; counter affidavit within three weeks; rejoinder affidavit within one week thereafter; case to be listed after eight weeks. The quashing prayer itself is left open for consideration.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 310 of 2009 (arising out of Case Crime No. 446 of 2006, Old Case No. 813 of 2006) and the cognizance/summoning order dated 12.12.2008 under Section 406 I.P.C. pending before the Chief Judicial Magistrate, Agra should be quashed. +1 more

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Until further orders, further proceedings of the aforesaid complaint case shall remain stayed against the applicant; notice is to be issued to private opposite party no. 2 through the C.J.M. concerned, with a counter affidavit due within three weeks, a rejoinder affidavit within one week thereafter, and the case listed after eight weeks.

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 74 (Hon'ble Sanjay Kumar Pachori, J.) - Application U/S 528 BNSS No. 34133 of 2025, decided September 9, 2025. Kuldeep Singh Sodhi applied to quash the entire proceedings of Complaint Case No. 310 of 2009, arising out of Case Crime No. 446 of 2006 (Old Case No. 813 of 2006), together with the cognizance/summoning order dated 12.12.2008 by which the learned Magistrate took cognizance under Section 406 I.P.C. (Police Station- Sadar Bazar, District Agra), pending before the Chief Judicial Magistrate, Agra. Learned counsel submitted that the Protest Petition treated as the complaint case rested on false and frivolous allegations made with ulterior motive to harass the applicant; that, per the FIR and Protest Petition, the allegations pertained purely to a civil dispute between two Firms; that the complainant filed an application to settle the case by compromise dated 06.08.2019; that a prior petition under S.482 Cr.P.C. by the complainant had been stayed and later dismissed as not pressed; that a Non-Bailable Warrant was issued against the applicant on 24.07.2019; and that the complainant has produced no evidence till date. Finding the matter prima facie to require consideration, the Court accepted the A.G.A.'s notice for opposite party no. 1 (State of U.P.), directed notice to private opposite party no. 2 through the C.J.M. concerned (returnable at an early date), fixed three weeks for the counter affidavit and one week thereafter for the rejoinder, listed the matter after eight weeks, and ordered that, until further orders, further proceedings of the complaint case remain stayed against the applicant. Interim order only; the quashing question itself remains undecided. No precedents cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34133 of 2025

Kuldeep Singh Sodhi

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Lovekush Kumar Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Lovekush Kumar Mishra, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Complaint Case No. 310 of 2009 arising out of Case Crime No. 446 of 2006 (Old Case No. 813 of 2006) as well as cognizance/ summoning order dated 12.12.2008, by which the learned Magistrate took cognizance under Section 406 of I.P.C., Police Station- Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra.

Delay in filing the present application has been explained.

Learned counsel for the applicant submitted that the Protest Petition arising out of Case Crime No. 446 of 2006, which has been treated as a complaint case has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that the complainant filed an application to decide the case on the basis of compromise dated 06.08.2019 and prior to the compromise one petition U/S 482 of Cr.P.C. has been filed by the complainant, in which proceedings have been stayed, thereafter the case has been dismissed as not pressed. It is further submitted that on 24.07.2019 Non-Bailable Warrant has been issued against the applicant. It is further submitted that as per allegation of FIR and Protest Petition, all the allegations are related to purely civil dispute between two Firms. It is further submitted that the complainant has not produced any

NA528 No. 34133 of 2025

2

evidence till today.

Prima facie , matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to private opposite party no. 2 through C.J.M. concerned, returnable at an early date.

Private opposite party no. 2 may file a counter affidavit within three weeks.

Rejoinder affidavit may thereafter be filed within one week.

List this case after eight weeks.

Until further orders, further proceedings of aforesaid case shall remain stayed against the applicant.

September 9, 2025

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad