Sayem Yazdani @ Sayam Yazdani vs State of U.P. Thru… — Cheque Dishonour | Allahabad HC (2026)

Sayem Yazdani @ Sayam Yazdani vs State of U.P. Thru… — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of: proceedings not quashed; applicant granted liberty to appear before the Magistrate within three weeks and move a compounding application in terms of Damodar S. Prabhu (2010) 5 SCC 663; Magistrate to dispose of the compounding application within three months after hearing all parties, failing which the trial is to proceed with all defences open; no coercive steps against the applicant for three months.

Issue for consideration

Whether the entire proceedings including the summoning order dated 16.05.2019 passed in Complaint Case No.980 of 2019 (Nafees Ahmad Siddiqui vs. M/s Yazdan Constructions and others) under Section 138/142 of the Negotiable Instruments Act should be quashed 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 the High Court in exercise of its jurisdiction under Section 482 Cr.P.C.

Ratio / Principle

This Court declines to quash the proceedings in the cheque-dishonour complaint case.

Key takeaways

It will be open to the applicant to appear before the Magistrate and pray for compounding of the case in accordance with the principles laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663.ratio¶¶14
If the applicant appears before the Magistrate within three weeks through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of that 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.ratio¶¶17
If the orders made do not 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 him under the law.

Detailed headnote1 paragraphs

Quashing — Section 482 Cr.P.C. — dishonour of cheque — Section 138/142, Negotiable Instruments Act — Application to quash entire proceedings including summoning order dated 16.05.2019 passed by the Additional Chief Judicial Magistrate, Court No. 28, Lucknow, in Complaint Case No. 980 of 2019 (Nafees Ahmad Siddiqui v. M/s Yazdan Constructions and others), P.S. Vikas Nagar, Lucknow, not pressed on merits; applicant undertook to appear before the trial court within three weeks and indicated a chance of mediation. Held: the impugned complaint and the summoning order disclose no manifest illegality, jurisdictional error or abuse of the process of the Court warranting interference; proceedings not quashed. Applicant given liberty to appear before the Magistrate and seek compounding in terms of Damodar S. Prabhu v. Sayed Babalal H., 2010 (5) SCC 663; on an application moved within three weeks through counsel, the Magistrate to dispose of it in accordance with law within three months after hearing all parties; failing compounding, the trial to proceed to its logical conclusion with all defences open to the applicant. No coercive steps against the applicant for three months. Application disposed of. (Brij Raj Singh, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 5208 of 2025

Sayem Yazdani @ Sayam Yazdani

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Prabhat Kumar Mishra, Abdul Ahad, Jatin Raheja, Shobhit Harsh 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 proceeding including summoning order dated 16.05.2019 passed by Additional Chief Judicial Magistrate, Court No.28, Lucknow in Complaint Case No.980 of 2019 (CNR No.UPLK040134932019) (Nafees Ahmad Siddiqui vs. M/s Yazdan Constructions and others) under Section 138/142 of Negotiable Instrument Act, 1881, Police Station Vikas Nagar, District Lucknow.

After arguing at some length, learned counsel for the applicant does not want to press this application on merits. 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 of Negotiable Instruments Act where an offence of dishonour of a cheque is 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 the 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

A482 No. 5208 of 2025

2

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 order.

(Brij Raj Singh,J.)

May 12, 2026

Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench