Hariom Dixit vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Hariom Dixit vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application entertained: notice to be issued to opposite party no.2; opposite parties may file counter affidavit within three weeks; matter to be listed in the week commencing 2.2.2026; further proceedings in the Section 138 complaint case stayed till the next date of listing. Final quashing decision deferred.

Issue for consideration

Whether the criminal proceedings under Section 138 of the Negotiable Instruments Act in Complaint Case No.24809 of 2023, and the order dated 30.07.2025 passed therein, are tenable against the applicant, who contends that the dishonoured cheque was issued by Gayatri Hospitality and Realcon Ltd. and not by M/s Kalyani Structures and Housing Pvt. Ltd. of which he was arrayed as Director.

Court's answer

On the applicant's contention that the proceedings are not tenable because the cheque was not issued by the company of which he is a Director, the court held that the matter requires consideration and directed that notice be issued to opposite party no.2, who may file a counter affidavit within three weeks, with the matter to be listed in the week commencing 2.2.2026. The tenability issue itself was left undecided at this stage.

Ratio / Principle

As an interim measure, till the next date of listing (week commencing 2.2.2026), further proceedings in Complaint Case No.24809 of 2023 shall remain stayed.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.), order dated October 15, 2025 on APPLICATION U/S 528 BNSS No. - 40133 of 2025 filed by Hariom Dixit for quashing of the entire criminal proceeding under Section 138 of Negotiable Instruments Act as well as the order dated 30.07.2025 passed by the learned Additional Chief Judicial Magistrate, Court No.5th, Agra in Complaint Case No.24809 of 2023 (Smt Beena Gautam Versus Hariom Dixit), Police Station Shahganj, District Agra. Applicant's contention: the dishonoured cheque was issued by Gayatri Hospitality and Realcon Ltd., while he had been arrayed as a party only as Director of M/s Kalyani Structures and Housing Pvt. Ltd.; hence the present proceedings are not tenable. Court: matter requires consideration; notice to opposite party no.2; counter affidavit permitted within three weeks; listing in the week commencing 2.2.2026; further proceedings stayed till next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40133 of 2025

Hariom Dixit

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Pankaj Dwivedi : G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for applicant and learned AGA for the State.

The present application has been filed for quashing the entire criminal proceeding as well as order dated 30.07.2025 passed by learned Additional Chief Judicial Magistrate, Court No.5th Agra in Complaint Case No.24809 of 2023 (Smt Beena Gautam Versus Hariom Dixit), under Section 138 of Negotiable Instruments Act, Police Station Shahganj, District Agra pending in the court of learned Additional Chief Judicial Magistrate, Court No.5th, District Agra.

It is submitted by learned counsel for applicant that cheque, which has been dishonoured was issued by Gayatri Hospitality and Realcon Ltd. Learned counsel for applicant submits that perusal of complaint would go to show that applicant has been arrayed as party being Director of M/s Kalyani Structures and Housing Pvt. Ltd. The cheque in question has not been issued by the Company and as such, present proceedings are not tenable.

Matter requires consideration.

Issue notice to opposite party no.2.

Opposite parties may file counter affidavit within three weeks.

List in the week commencing 2.2.2026.

Till the next date of listing, further proceedings in the aforesaid case, shall remain stayed.

(Vikram D. Chauhan,J.)

October 15, 2025

D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad