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

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

What the court decided

AI extract

Outcome

Application disposed of; applicant permitted to approach the trial court to seek compounding of the Section 138 NI Act offence (application to be filed within 20 days and decided within two months), with interim protection from arrest until the compounding application is decided, subject to participation in the trial proceedings; failing appearance, the trial court may proceed in accordance with law.

Issue for consideration

Whether the applicant, who had sought quashing of the summoning order dated 14.2.2023 and the Section 138 NI Act complaint proceedings, should instead be permitted to apply for compounding of the offence in accordance with the Supreme Court's directions in Sanjabij Tari.

Court's answer

If the applicant files the compounding application before the court concerned within 20 days, that court shall decide the application within two months thereafter.

Ratio / Principle

Till the compounding application is decided, the applicant shall not be arrested, provided the applicant participates in the trial proceedings.

Key takeaways

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¶14

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 76 (Vikram D. Chauhan, J.) disposed of Application U/S 528 BNSS No. 6091 of 2025 (Rajesh Upadhyay v. State of U.P. and Another) on October 30, 2025. The applicant had sought quashing of the summoning order dated 14.2.2023 and the entire proceedings of Complaint Case No. 636 of 2023 (Smt. Anju Singh v. Rajesh Upadhyay, Section 138 Negotiable Instruments Act, Kotwali, Mathura) pending before the Judicial Magistrate, Court No. 5, Mathura. Acting in light of the Supreme Court's judgment dated 25.9.2025 in Sanjabij Tari v. Kishore S. Borcar and another (Criminal Appeal No. 1755 of 2010), the court directed that if the applicant files a compounding application before the court concerned within 20 days, it shall be decided within two months; that until such decision the applicant shall not be arrested provided he participates in the trial proceedings; and that if the applicant fails to appear, the court concerned may proceed with the case in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 6091 of 2025

Rajesh Upadhyay

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Giri Ram Rawat, Shri Ram (Rawat)	Indra	Deo Mishra,
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 14.2.2023 including entire proceedings of Complaint Case No.636 of 2023, Smt. Anju Singh Vs. Rajesh Upadhyay, under Section 138 Negotiable Instruments Act, Police Station Kotwali, District Mathura pending in the court of Judicial Magistrate, Court No.5, Mathura.

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. 6091 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 30, 2025

Bhaskar

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