Alok Kumar vs State of U.P. Thru. Prin. Secy. Home Lko… — Cheque Dishonour | Allahabad HC (2026)

Alok Kumar vs State of U.P. Thru. Prin. Secy. Home Lko… — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application not pressed on merits and not allowed; proceedings not quashed. Liberty granted to appear before the Magistrate and move a compounding application within three weeks (to be decided within three months in terms of Damodar S. Prabhu); no coercive steps for three months; application disposed of in terms of the aforesaid orders.

Issue for consideration

Whether the entire criminal proceedings in Complaint Case No.3455 of 2021 (Hari Ram Vs. Alok Kumar, S.138 NI Act), including the summoning order dated 11.10.2022 and the non-bailable warrant dated 10.12.2025, ought to be quashed by this Court in exercise of jurisdiction under Section 482 Cr.P.C.

Court's answer

A perusal of the impugned complaint and summoning order discloses no manifest illegality, jurisdictional error, or abuse of the process of Court warranting interference under Section 482 Cr.P.C.

Ratio / Principle

The Court declines to quash the proceedings in the S.138 NI Act complaint.

Key takeaways

It is open to the applicant to appear before the Magistrate and seek compounding in accordance with Damodar S. Prabhu; if an application to compound is moved within three weeks through counsel, the Magistrate shall dispose of it in accordance with law within three months after hearing all parties, failing which the trial shall proceed with all defences open to the applicant.ratio¶¶16
No coercive steps shall be adopted against the applicant in respect of the said case for a period of three months.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — Section 482 Cr.P.C. application by Alok Kumar, the accused in Complaint Case No.3455 of 2021 (Hari Ram Vs. Alok Kumar) under Section 138 of the Negotiable Instruments Act before the Chief Judicial Magistrate, Ambedkar Nagar, sought quashing of the entire proceedings, including the summoning order dated 11.10.2022 and the non-bailable warrant issued on 10.12.2025. Counsel did not press the application on merits; the applicant undertook to appear before the trial court within three weeks, stating he had no knowledge of the NBW. Holding that the impugned complaint and summoning order disclosed no manifest illegality, jurisdictional error, or abuse of process, the Court declined to quash the proceedings. It left the applicant free to seek compounding before the Magistrate in accordance with Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663, directed that any such application be decided within three months after hearing all parties, stayed coercive steps for three months, and disposed of the application in terms of these directions.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3756 of 2026

Alok Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. another	Home Lko. and		.....Opposite Party(s)
Counsel for Applicant(s)	: Ajai Kumar Bhardwaj	Yadav,	Ashish Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application U/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings including summoning order dated 11.10.2022 passed by the Chief Judicial Magistrate, Ambedkar Nagar in Complaint Case No.3455 of 2021 Hari Ram Vs. Alok Kumar, under Section 138 of Negotiable Instrument Act, 1881, Police Station Alapur, District Ambedkar Nagar, as well as the order dated 10.12.2025 by which non-bailable warrant has been issued against the applicant.

After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He submitted that non-bailable warrant has been issued on 10.12.2025 and he had no knowledge that is why he could not appear before the trial court. He has further submitted that the 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 chance of mediation between the parties.

A perusal of the impugned complaint and the summoning order 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 Negotiable Instruments Act where an offence of dishonour of a cheque is

A482 No. 3756 of 2026

2

involved. This Court, therefore, declines to quash the proceedings.

It will, however, be open to the applicant to appear before the Magistrate and pray for compounding the case in accordance with principles laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663 . 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 accordance with law within three months bearing in mind the relevant directions in Damodar S. Prabhu (supra) 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 him under the law.

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

The application is disposed of in terms of the aforesaid orders.

(Brij Raj Singh,J.)

May 6, 2026

Rao/-

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