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

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

What the court decided

AI extract

Outcome

Non-bailable warrant kept in abeyance; applicant to appear before the trial court on 17.11.2025 for recording of statement and continuation of trial; warrant to be executed if the applicant fails to appear or participate in the trial court proceedings.

Issue for consideration

Whether the orders rejecting the applicant's exemption application (for appearance through counsel under Section 205 read with Section 317 Cr.P.C.) and issuing a non-bailable warrant, along with the revisional order dated 27.09.2024, should be interfered with, and whether the non-bailable warrant should be kept in abeyance.

Court's answer

The applicant is to appear before the trial court on 17.11.2025, where his statement shall be recorded and the trial shall proceed.

Ratio / Principle

The non-bailable warrant issued against the applicant shall remain in abeyance in the interim.

Key takeaways

If the applicant fails to appear before the trial court or participate in its proceedings, the non-bailable warrant already issued shall be executed in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Application under Section 528 BNSS (No. 42002 of 2025, Neelfar Hide v. State of U.P. and Another) seeking quashing of orders dated 16.12.2023 and 25.08.2025 of the Metropolitan Magistrate, Court No.9, Kanpur Nagar, in Case No.242573 of 2022 (Bilal Hide Supplier v. Neelofar Hide) under Section 138 N.I. Act, whereby the applicant's application under Section 205 read with Section 317 Cr.P.C. (appearance through counsel) was rejected and a non-bailable warrant issued, and of the order dated 27.09.2024 in Criminal Revision No.4 of 2024. Counsel for the applicant stated the applicant was ready to appear and sought that the non-bailable warrant be kept in abeyance; counsel for opposite party no.2 had no objection. Held (Vikram D. Chauhan, J., October 29, 2025): the applicant to appear before the trial court on 17.11.2025 for recording of statement and continuation of trial; the non-bailable warrant to remain in abeyance meanwhile, and to be executed in accordance with law if the applicant fails to appear or participate. Application disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42002 of 2025

Neelfar Hide

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Kamlakar Pal
Counsel for Opposite Party(s)		: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for applicant, Sri Aushim Luthra, learned counsel for opposite party no.2 and learned AGA for the State.

The present application has been filed for quashing the impugned order dated 16.12.2023 as well as order dated 25.08.2025 passed by learned Metropolitan Magistrate, Court No.9, Kanpur Nagar in Case No.242573 of 2022 (Bilal Hide Supplier Vs. Neelofar Hide) under Section 138 Ν.Ι. Act, Police Station-Kotwali, Kanpur Nagar, whereby application under Section 205 read with 317 Cr.P.C. has been rejected and non bailable warrant has been issued and order dated 27.09.2024 passed by learned Additional District and Sessions Judge, Court No.23, Kanpur Nagar, in Criminal Revision No.4 of 2024 (Neelofar Hide Vs. State of U.P. and another) Police Station-Kotwali, District Kanpur Nagar and permit the applicant to appear before learned trial court through counsel in term of Section 205 read with section 317 Cr.P.C.

It is submitted by learned counsel for applicant that an exemption application for appearing through counsel has been filed, however, the same has been rejected and non bailable warrant has been issued. Learned counsel for applicant submits that applicant is ready to appear before the court, however, non bailable warrant may be kept in abeyance.

Learned counsel for opposite party no.2 has no objection.

In view of statement made by learned counsel for applicant, let the

NA528 No. 42002 of 2025

2

applicant appear before the court concerned on 17.11.2025 and statement may be recorded and trial be proceed with. In the meantime, non bailable warrant issued against applicant shall be kept in abeyance. If the applicant fails to appear before the trial court or participate in the trial court proceedings, non bailable warrant already issued shall be executed in accordance with law.

With the aforesaid observation/direction, the application under Section 528 BNSS is disposed off.

October 29, 2025

D. Tamang

(Vikram D. Chauhan,J.)

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