Dismissed¶¶10

Naseem Ahmad Khan v. the State of U.P. Thru. Its Secy. Ministry of Home Affairs Lko. and Another

Allahabad HC3 Jun 2025TACR/41/2025

Case brief

AI extract

What is this about?

Naseem Ahmad Khan v. State of U.P.; Transfer Application (Criminal) No. 41 of 2025; High Court of Judicature at Allahabad, Lucknow Bench; Manish Mathur J.; transfer of Criminal Complaint Case No. 901 of 2017 (S.138 NI Act) refused; apprehension against Presiding Officer held misplaced; non-bailable warrant of 27.09.2024 recalled on 24.10.2024 application; application dismissed on 3.6.2025; Neutral Citation 2025:AHC-LKO:34258.

What did the court decide?

Per the application itself, neither the applicant nor his counsel appeared before the court on 27.09.2024, which led to issuance of the non-bailable warrant. ¶¶9

Naseem Ahmad Khan Vs the State of U.P. Thru. Its Secy… — Cheque Dishonour | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:34258

¶2

Court No. - 13

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 41 of 2025 Applicant :- Naseem Ahmad Khan Opposite Party :- The State Of U.P. Thru. Its Secy. Ministry Of Home Affairs Lko. And Another Counsel for Applicant :- S.Mohd Kazim,Pramod Kumar,Syed Jamal Ahmad Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.

¶4

Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1.

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Notice to opposite party no.2 stand dispensed with.

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Application seeking transfer of Criminal Complaint Case No. 901 of 2017 under Section 138 of the Negotiable Instruments Act, 1881 has been filed.

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It has been submitted that applicant is an accused in aforesaid criminal complaint which has been filed on the basis of fabricated and fictitious papers. It is further submitted that the said complaint was fixed for hearing on 27.09.2024 and application for exemption was sent by counsel for petitioner whereafter he left the court premises but subsequently the case was taken up and exemption application was rejected while issuing non-bailable warrant against applicant and fixing 25.10.2024 as the next date fixed. It is also submitted that upon coming to know of non-bailable warrant, an application for cancellation of warrant was filed on 24.10.2024 whereafter the non-bailable warrant was cancelled. It is submitted that aforesaid fact and attitude adopted by learned Presiding Officer creates a doubt in the mind of applicant due to which Transfer Application was filed and was rejected leading to filing of the present application.

¶8

Learned Additional Government Advocate has opposed the Application with submission that there is no cogent ground for entertaining the present plea.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that in paragraph-4 of the Application itself, the applicant has indicated that neither he nor his counsel appeared before the Court on 27.09.2024 leading to issuance of non-bailable warrant. It is also evident that the said warrant was recalled by the court itself upon application filed by applicant on 24.10.2024.

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In such circumstances the apprehension expressed by applicant is clearly misplaced. There does not appear to be any cogent ground to entertain the application, which is accordingly rejected .

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Order Date :- 3.6.2025 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Naseem Ahmad Khan v. the State of U.P. Thru. Its Secy. Ministry of Home Affairs Lko. and Another

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Naseem Ahmad Khan v. the State of U.P. Thru. Its Secy. Ministry of Home Affairs Lko. and Another

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