Laxmi Kant Shukla vs State of U.P. Thru. Prin. Secy. Home… — Cheque Dishonour | Allahabad HC (2026)

Laxmi Kant Shukla vs State of U.P. Thru. Prin. Secy. Home… — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of on terms: quashing declined; applicant (who did not press the application on merits) to appear before the trial court within three weeks; liberty to move an application to compound the offences, to be decided by the Magistrate in accordance with law within three months bearing in mind the directions in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663, after hearing all parties; failing compounding, trial to proceed with all defences open; no coercive steps against the applicant for three months.

Issue for consideration

Whether the entire proceedings of Case No.16217 of 2024 under Section 138 of the Negotiable Instruments Act (Police Station Kotwali, District Hardoi) and the summoning order dated 16.07.2024 passed by the Chief Judicial Magistrate, Hardoi are liable to be quashed in exercise of this Court's jurisdiction under Section 482 Cr.P.C.

Court's answer

A perusal of the impugned complaint and the summoning order does not disclose any manifest illegality, jurisdictional error or abuse of the process of the Court so as to call for interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C.; it is a case of dishonour of a cheque under Section 138 of the Negotiable Instruments Act.

Ratio / Principle

This Court declines to quash the proceedings of Case No.16217 of 2024.

Key takeaways

If the applicant appears before the Magistrate within three weeks from the date of the order through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of the application in accordance with law within three months, bearing in mind the relevant directions given by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663, after providing opportunity of hearing to all parties concerned.ratio¶13
If the orders made on compounding do not work to bring the proceedings to an end in accordance with law, the trial shall proceed and be brought to its logical conclusion, where the applicant will have all defences open to her under the law.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.; April 24, 2026) disposed of an application under Section 482 Cr.P.C. seeking quashing of the entire proceedings of Case No.16217 of 2024 under Section 138 of the Negotiable Instruments Act (Police Station Kotwali, District Hardoi) and the summoning order dated 16.07.2024 of the Chief Judicial Magistrate, Hardoi. Counsel for the applicant did not press the application on merits and submitted that the applicant was ready to cooperate, would appear before the trial court within three weeks, and that there was a chance of mediation. The Court held that the impugned complaint and summoning order disclosed no manifest illegality, jurisdictional error or abuse of process warranting interference, and declined to quash. It directed that if the applicant appears before the Magistrate within three weeks through counsel and moves to compound the offences, the Magistrate shall decide the compounding application in accordance with law within three months bearing in mind the relevant directions of the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663, after hearing all parties; if compounding does not bring the proceedings to an end, the trial shall proceed to its logical conclusion with all defences open to the applicant. No coercive steps were to be adopted against the applicant for three months. Application disposed of subject to these terms.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 2928 of 2026

Laxmi Kant Shukla

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Manish Kumar Tripathi, Aditya Vikram Singh Counsel for Opposite Party(s) : G.A., Anshul Baranwal, Sharad Dwivedi

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State-opposite party no.1.

The present application has been filed seeking quashing of the entire proceedings of Case No.16217 of 2024, under Section 138 of Negotiable Instrument Act, Police Station Kotwali, District Hardoi and the summoning order dated 16.07.2024 passed by the Chief Judicial Magistrate, Hardoi.

After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He further submits that applicant is ready to cooperate in the proceedings and will appear before the trial court within three weeks from today. It is submitted that there is a chance of mediation between the parties.

A perusal of the impugned complaint and the summoning order, it does not disclose any such manifest illegality or jurisdictional error or an abuse of process of Court so as to call for interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. It is a case under Section 138 of Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings.

In case, the applicant appears before the Magistrate within three weeks from today through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of the application in

A482 No. 2928 of 2026

2

accordance with law within three months bearing in mind the relevant directions given by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663 after providing opportunity of hearing to all parties concerned. If the orders made do not work to bring proceedings to an end in accordance with law, the trial shall proceed and brought to its logical conclusion, where the applicant will have all defence open to her under the law.

For a period of three months, no coercive steps shall be adopted against the applicant in respect of the aforesaid case.

Subject to above noted terms, application is disposed of .

(Brij Raj Singh,J.)

April 24, 2026

Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench