Dismissed¶¶14

Dharmendra Kumar v. State of U.P. and Another

Allahabad HC25 Nov 2025NA528/46682/2025

Case brief

AI extract

What is this about?

S. 528 BNSS quashing application (Allahabad HC, Court No. 76, Vikram D. Chauhan, J.) by accused Dharmendra Kumar against Section 138 NI Act complaint proceedings (Complaint Case No. 26194 of 2024, Abhay Singh Vs. Dharmendra Kumar, P.S. Malwan, District Fatehpur) and summoning order dated 27.1.2025; dismissed as withdrawn with liberty to approach trial court for bail; 15-day bar on coercive action; bail application to be decided expeditiously without unnecessary adjournments; running cite NA528 No. 46682 of 2025.

What did the court decide?

Application dismissed as withdrawn; liberty to file a bail application before the court below; no coercive action against the applicant for 15 days; direction to the court concerned to decide any bail application expeditiously without unnecessary adjournments. ¶¶14

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Complaint Case No.26194 of 2024 ('Abhay Singh Vs. Dharmendra Kumar') under Section 138 N.I. Act pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.1, Fatehpur, and the summoning order dated 27.1.2025, ought to be quashed.

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Court's answer

The application is dismissed as withdrawn, with liberty to the applicants to approach the court concerned for bail.

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Ratio / Principle

To enable the applicant to approach the court concerned for bail, no coercive action shall be taken against the applicant for a period of 15 days.

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Key takeaways

If the applicant prefers a bail application before the court concerned, that court shall decide the same expeditiously without granting unnecessary adjournment to any party.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), November 25, 2025: Application u/s 528 BNSS No. 46682 of 2025 filed by Dharmendra Kumar seeking quashing of the entire proceedings of Complaint Case No. 26194 of 2024 (Abhay Singh Vs. Dharmendra Kumar) under Section 138 N.I. Act, Police Station Malwan, District Fatehpur, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.1, Fatehpur, and of the summoning order dated 27.1.2025 — after some argument, counsel for the applicant sought permission to withdraw the application with liberty to file a bail application before the court below, and learned AGA raised no objection — held: application dismissed as withdrawn; for 15 days no coercive action against the applicant; the court concerned directed to decide any preferred bail application expeditiously without unnecessary adjournment. No point on the merits of the Section 138 proceedings was adjudicated.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 46682 of 2025

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Versus Dharmendra Kumar .....Applicant(s)
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Arjun Singh Yadav
Counsel for Opposite Party(s) : G.A.

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Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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

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This application has been filed by applicant for quashing the entire proceedings of Complaint Case No.26194 of 2024, Abhay Singh Vs. Dharmendra Kumar, under Section 138 N.I. Act, Police Station Malwan, District Fatehpur pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.1, Fatehpur as well as summoning order dated 27.1.2025.

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After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application with liberty to file bail application before the court below.

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Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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Under the circumstances, the present application is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case,

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NA528 No. 46682 of 2025

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the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.

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The application is dismissed as withdrawn with the aforesaid liberty and direction.

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November 25, 2025 Bhaskar

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(Vikram D. Chauhan,J.)

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

Dharmendra Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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