Disposed¶18

Hemant Kumar Verma v. State of U.P. and Another

Allahabad HC6 May 2026NA528/16072/2026

Case brief

AI extract

What is this about?

Application under S. 528 BNSS; quashing of orders dated 07.03.2026 and 25.03.2026; Complaint No. 3026/2020 (Arti Sahu Vs. Hemant Kumar Verma); S. 138 Negotiable Instruments Act; non-bailable warrant; stay of execution of NBW for three weeks; recall of warrant application; conditional interim protection; Ist ACJM Jhansi; P.S. Premnagar, District Jhansi; Allahabad High Court; Deepak Verma, J.; decided May 7, 2026; application finally disposed of.

What did the court decide?

Interim stay of execution of the non-bailable warrant for three weeks, conditional on the applicant appearing before the court below within three weeks and moving an application for recall of the warrant; on default, the interim protection stands automatically vacated and the court below is free to proceed in accordance with law. ¶18

Hemant Kumar Verma Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned orders dated 07.03.2026 and 25.03.2026 passed by the Ist Additional Chief Judicial Magistrate, Jhansi, in Complaint No. 3026/2020 under Section 138 NI Act are liable to be quashed. +1 more

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Ratio / Principle

The applicant shall appear before the court concerned within three weeks and move an application for recall of the non-bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

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Key takeaways

The execution of the non-bailable warrant issued against the applicant shall remain stayed for a period of three weeks.ratio¶13
In case of default, the interim protection shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) disposed of an application under Section 528 BNSS filed by Hemant Kumar Verma seeking quashing of orders dated 07.03.2026 and 25.03.2026 passed by the Ist Additional Chief Judicial Magistrate, Jhansi, in Complaint No. 3026/2020 (Arti Sahu Vs. Hemant Kumar Verma) under Section 138 of the Negotiable Instruments Act, Police Station Premnagar, District Jhansi, whereby a non-bailable warrant had been issued against the applicant for failure to appear. The Court directed the applicant to appear before the court below within three weeks and move an application for recall of the non-bailable warrant, to be considered and disposed of expeditiously in accordance with law; stayed execution of the warrant for three weeks; and directed that in case of default the interim protection shall stand automatically vacated, leaving the court below free to proceed against the applicant in accordance with law. The quashing issue was not decided on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 16072 of 2026

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Hemant Kumar Verma

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ashish Pal, Rajeev Kumar Pal
Counsel for Opposite Party(s)	: G.A.

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application has been filed by the applicant to quash the impugned orders dated 07.03.2026 and 25.03.2026 passed by the learned Ist Additional Chief Judicial Magistrate, Jhansi, in Complaint No. 3026/2020 (Arti Sahu Vs. Hemant Kumar Verma), under Section 138 Negotiable Instruments Act, Police Station Premnagar, District Jhansi.

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From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrant has been issued against the applicant by the court below vide order dated 07.03.2026.

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Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below.

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Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

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