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

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

What the court decided

AI extract

Outcome

Liberty to the applicant to approach the trial court for compounding of the offence: compounding application to be filed within 20 days and decided within two months thereafter; no arrest of the applicant until decision of the compounding application, subject to participation in trial proceedings; on failure to appear, the trial court may proceed in accordance with law.

Issue for consideration

Whether the summoning order dated 12.8.2024 passed by the Civil Judge (Senior Division)F.T.C./Additional Chief Judicial Magistrate, Chandauli, and the entire proceedings of Criminal Complaint Case No.10170 of 2024 under Section 138 Negotiable Instrument Act, should be quashed. +1 more

Court's answer

If the applicant fails to appear before the court concerned, the court concerned is at liberty to proceed with the case in accordance with law.

Ratio / Principle

If the applicant files a compounding application before the court concerned within 20 days, the same would be decided within a period of two months thereafter.

Key takeaways

Till the decision of the compounding application, the applicant shall not be arrested, provided the applicant participates in the trial proceedings.ratio¶¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikram D. Chauhan, J.), Application U/S 528 BNSS No. 42149 of 2025, disposed of on October 29, 2025. The applicant sought quashing of the summoning order dated 12.8.2024 passed by the Civil Judge (Senior Division)F.T.C./Additional Chief Judicial Magistrate, Chandauli, and of the entire proceedings of Criminal Complaint Case No.10170 of 2024 under Section 138 Negotiable Instrument Act, Police Station Mughalsarai, District Chandauli. Relying on the Supreme Court judgment dated 25.9.2025 in Sanjabij Tari v. Kishore S. Borcar (Criminal Appeal No.1755 of 2010), and noting the applicant's readiness to compound the offence, the Court granted liberty to file a compounding application within 20 days, to be decided within two months; directed that the applicant not be arrested until its decision provided he participates in the trial; and permitted the trial court to proceed in accordance with law if the applicant failed to appear.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42149 of 2025

Manoj Kumar

.....Applicant(s)

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

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned Counsel for the applicants and learned A.G.A for the State.

This application has been filed by the applicants for quashing of summoning order dated 12.8.2024 passed by Civil Judge (Senior Division)F.T.C./Additional Chief Judicial Magistrate, Chandauli as well as entire proceedings of Criminal Complaint Case No.10170 of 2024, under Section 138 Negotiable Instrument Act, Police Station Mughalsarai, District Chandauli pending in the court of Chief Judicial Magistrate, Chandauli.

It is submitted by learned counsel for the applicant that the applicant is ready to apply for compounding of the offence in light of the judgment dated 25.9.2025 of the Supreme Court in the case of Sanjabij Tari Vs. Kishore S. Borcar and another passed in Criminal Appeal No.1755 of 2010 . He submits that liberty may be granted to the applicant to approach the court concerned for compounding of the offence in accordance with law considering the directions issued by Supreme Court in the case of Sanjabij Tari (supra).

In the event, the applicant files the compounding application before the court concerned within 20 days from today, the same would be decided within a period of two months thereafter. Till the decision of the compounding application, the applicant shall not be arrested provided the applicant participate in the trial proceedings. If the applicant fails to

NA528 No. 42149 of 2025

2

appear before the court concerned, the court concerned is at liberty to proceed with the case in accordance with law.

The application stands disposed of.

(Vikram D. Chauhan,J.)

October 29, 2025

Bhaskar

Digitally signed by :- BHASKAR High Court of Judicature at Allahabad