M/S Mehrotra Engineering Works Pvt. Limited vs State of… — Cheque Dishonour | Allahabad HC (2025)

M/S Mehrotra Engineering Works Pvt. Limited vs State of… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief: further proceedings in Complaint Case No. 03 of 2021 shall remain stayed against the applicants till the next date of listing (case listed in the week commencing 27.1.2026); notice issued to opposite party no. 2, who may file a counter affidavit within three weeks. Final decision on quashing left open.

Issue for consideration

Whether the entire proceeding of Complaint Case No. 03 of 2021 (Jitendra Gupta Vs. Tanmay Mehrotra and another), including the summoning order dated 15.9.2021 and all consequential proceedings under Section 138 of Negotiable Instrument Act, should be quashed.

Court's answer

Till the next date of listing, further proceedings in Complaint Case No. 03 of 2021 (including the summoning order dated 15.9.2021 under Section 138 of Negotiable Instrument Act) shall remain stayed against the applicants.

Ratio / Principle

The court recorded that the matter requires consideration and deferred adjudication of the quashing application, directing notice to opposite party no. 2, permitting opposite parties to file a counter affidavit within three weeks, and listing the case in the week commencing 27.1.2026.

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J., Court No. 76), order dated October 15, 2025, in Application U/S 528 BNSS No. 8787 of 2025 filed by M/s Mehrotra Engineering Works Pvt Limited seeking quashing of the entire proceeding of Complaint Case No. 03 of 2021 (Computerized registration No. 9383 of 2020) (Jitendra Gupta Vs. Tanmay Mehrotra and another), including the summoning order dated 15.9.2021 and all consequential proceedings under Section 138 of Negotiable Instrument Act, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate Court No. 4 (Special Judge, N.I. Act.), P.S. Kaushambi, District Ghaziabad. Counsel for the applicants submitted that the cheque of Rs. 27,70,000/- was issued against outstanding dues of Rs. 27,62,143/- per the complainant's letter dated 18.6.2020, that payment was made in June 2020 (details at page 67 of the paper book), and that no dues remain. The court held the matter requires consideration, issued notice to opposite party no. 2, allowed a counter affidavit within three weeks, listed the case in the week commencing 27.1.2026, and stayed further proceedings against the applicants till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8787 of 2025

M/S Mehrotra Engineering Works Pvt Limited

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Maneesh Mehrotra
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

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

This application has been filed by applicants for quashing the entire proceeding of Complaint Case No. 03 of 2021 (Computerized registration No. 9383 of 2020) (Jitendra Gupta Vs. Tanmay Mehrotra and another) including summoning order dated 15.9.2021 and all consequential proceedings under Section 138 of Negotiable Instrument Act, P.S. Kaushambi, District Ghaziabad pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate Court No. 4 (Special Judge, N.I. Act.).

It is submitted by learned counsel for the applicants that cheque of Rs. 27,70,000/- was issued in respect of outstanding dues of Rs. 27,62,143/as per the letter dated 18.6.2020 of the complainant. Learned counsel for the applicants further submits that subsequently the aforesaid payment has been made in June, 2020 to the complainant in respect of which details are at page no. 67 of the paper book. Learned counsel for the applicants further submits that all the outstanding dues have been paid and no dues are remaining.

Matter requires consideration.

Issue notice to opposite party no.2.

NA528 No. 8787 of 2025

2

Opposite parties may file counter affidavit within three weeks.

List this case in the week commencing 27.1.2026.

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

(Vikram D. Chauhan,J.)

October 15, 2025

VMA

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad