Savika Anupam @ Savica Anupam vs State of U.P. Thru… — Cheque Dishonour | Allahabad HC (2026)

Savika Anupam @ Savica Anupam vs State of U.P. Thru… — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

No substantive relief granted; interim directions only — notice to be issued to respondent no. 2, returnable at an early date through the CJM concerned, with steps within a week; Trial Court Record to be summoned; matter listed on 27/05/2026 as fresh for hearing on admission.

Issue for consideration

Whether the judgment and order dated 10.03.2026 passed by the Special Judge (SC/ST Act), Gonda, in Criminal Case No. 104 of 2025 should be quashed/set aside and the effect and operation of the trial court’s order dated 25.11.2025 restored. +3 more

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench, Court No. 27 (Hon'ble Ram Manohar Narayan Mishra, J.), Criminal Revision No. 441 of 2026 — Savika Anupam @ Savica Anupam versus State of U.P. thru. Prin. Secy. Home Lko. and another. By means of the revision the revisionist seeks quashing/setting aside of the judgment and order dated 10.03.2026 passed in Criminal Case No. 104 of 2025 (“Baljit Singh vs. State of U.P. and Others”) by the Special Judge (SC/ST Act), Gonda, and restoration of the effect and operation of the order dated 25.11.2025 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 3, Gonda. Counsel submits that the appellate court allowed the accused’s appeal and set aside the trial court’s conviction and sentence on the charge under Section 138 of the National Negotiable Instruments Act in a hypertechnical manner, ignoring the complainant’s evidence, interfering solely because the complaint was filed before expiry of the 15-day period given in the demand notice, and further directing the complainant to file a fresh complaint after maturity, which is contended to be legally unsound. The Court issued notice to respondent no. 2 through the CJM concerned, directed steps within a week, summoned the Trial Court Record, and listed the matter on 27/05/2026 as fresh for hearing on admission. Admission-stage interim order; no merits determination made.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 441 of 2026

Savika Anupam @ Savica Anupam

.....Revisionist(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Revisionist(s) : Om Bhardwaj, Dharmendra Pratap Singh Counsel for Opposite Party(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the revisionist, learned AGA for the State and perused the record.

By means of the instant criminal revision, the revisionist has prayed for quashing/setting aside the impugned judgment and order dated 10.03.2026 passed in Criminal Case No. 104 of 2025, “Baljit Singh vs. State of U.P. and Others”, by the Special Judge (SC/ST Act), Gonda, and for restoration of the effect and operation of the order dated 25.11.2025 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 3, Gonda.

Learned counsel for the revisionist submitted that the learned appellate court had allowed the appeal of the accused respondent and set aside the conviction and sentence passed by the learned trial court taking hypertechnical approach and ignoring the evidence of the complainant by which the trial court had found that the prosecution version was proved beyond reasonable doubt for the alleged charge under Section 138 of the National Negotiable Instruments Act.

He next submitted that the learned appellate court interfered with the judgement of the trial court only on the ground that the complaint was immature as it was filed before expiry of 15-day period given in the notice, which is liable to be given to the accused in demand notice for making payment of the cheque amount.

CRLR No. 441 of 2026

2

He also submitted that the learned appellate court has saddled the complainant with the liability to file a fresh complaint after the maturity of the complaint, which is also not legally sound.

Issue notice to the respondent no.2, returnable at an early date, through CJM concerned.

Steps be taken within a week.

Summon the Trial Court Record.

List on 27/05/2026 as fresh for hearing on admission.

(Ram Manohar Narayan Mishra,J.)

April 17, 2026 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench