Prabhakar Pratap Singh vs State of U.P. Thru. Its Addl… — Cheque Dishonour | Allahabad HC (2026)

Prabhakar Pratap Singh vs State of U.P. Thru. Its Addl… — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of as not pressed on merits, with directions: petitioner to appear before the court below within two weeks with an appropriate application, which the court below shall decide within two weeks thereafter; NBW and Section 82 CrPC proceedings stayed for four weeks; subject to petitioner cooperating in trial and not seeking adjournments.

Issue for consideration

Whether the entire proceedings in Complaint Case No. 963 of 2016 under sections 138 NI Act, including the Non-Bailable Warrant dated 03.09.2024 and the Section 82 CrPC proceedings dated 12.11.2024, should be quashed/set aside (prayer ultimately not pressed on merits).

Court's answer

Counsel did not press the petition on merits; the Court directed that if the petitioner appears before the court below within two weeks along with an appropriate application, the court below shall decide the matter within two weeks thereafter.

Ratio / Principle

For a period of four weeks from the date of the order, the proceedings of the non-bailable warrant and of the order passed under Section 82 CrPC in the said complaint case shall remain stayed.

Key takeaways

The petitioner is to cooperate in the trial and will not seek adjournments; in case of non-cooperation, the benefit of the order will not be available to the petitioner.ratio¶¶18
With the above observations and directions, the petition is disposed of.ratio¶¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — Application u/s 482 by the accused in Complaint Case No. 963 of 2016 (Kamlendra Singh v. Prabhakar Pratap Singh) under sections 138 NI Act, seeking quashing of the entire proceedings including NBW dated 03.09.2024 and Section 82 CrPC proceedings dated 12.11.2024 before ACJM-I, Raebareli. Counsel did not press the petition on merits, citing the applicant's wife's critical pregnancy, his own illness and financial constraints. Held: petition disposed of with directions that if the petitioner appears before the court below within two weeks with an appropriate application, the court below shall decide it within two weeks thereafter; NBW and Section 82 CrPC proceedings stayed for four weeks; petitioner to cooperate in trial and not seek adjournments, failing which the benefit of the order is unavailable.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3023 of 2026

Prabhakar Pratap Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Its Addl. Home Lko. And Another	Chief Secy. Deptt. Of ...	..Opposite Party(s)
Counsel for Applicant(s)	: Sandeep Kumar(Trivedi), Bhan Singh	Kr.Udai
Counsel for Opposite Party(s	) : G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard Sri Sandeep Kumar (Trivedi), counsel for the petitioner as also the learned A.G.A. for the State and perused the record.

The petitioner has filed this application with the following main prayer:

".. quash/set-aside the entire proceedings as well as the consequential processes including Non-Bailable Warrant (NBW) dated 03.09.2024 and proceedings under Section 82 CrPC dated 12.11.2024 issued against the applicant in Complaint Case No. 963 of 2016, (Kamlendra Singh versus Prabhakar Pratap Singh), under sections 138 NI Act, P.S.Kotwali Nagar Raebareli, pending before the learned Court of Additional Chief Judicial Magistrate, I, Raebareli."

Learned counsel for the petitioner does not want to press this petition on its merits. However, he has submitted that a non-bailable warrant and an order under Section 82 of the Criminal Procedure Code (CRPC) have been passed by the court below. He has further stated that his wife was in critical condition due to her pregnancy, therefore, she required constant care and medical supervision. In these compelling circumstances, the applicant had to shift his wife to Ranchi, to his in-laws' residence. It has also been submitted that, due to severe mental condition and financial constraints, he court not take care of his wife. In the meantime, he also

A482 No. 3023 of 2026

2

became ill. Therefore, he was not in touch with his counsel, who was conducting the case. Consequently, the non-bailable warrant and the Section 82 CRPC proceeding were initiated. Learned counsel for the petitioner has also submitted that the petitioner is ready to cooperate and appear before the trial court.

In view of the aforesaid submissions, in case he petitioner appears before the court below within two weeks from today, along with an appropriate application, the court below shall decide the matter within two weeks thereafter.

For a period of four weeks from today, proceedings of the non-bailable warrant and of the order passed under Section 82 CrPC in the aforesaid case, shall remain stayed .

It is made clear that the petitioner will cooperate in the trial and will not seek adjournments. In case of non-cooperation, the benefit of this order will not be available to the petitioner. With these observations and directions, this petition is disposed of .

(Brij Raj Singh,J.)

April 13, 2026

A.Nigam

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench