Ram Kripal Chaudhary vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Ram Kripal Chaudhary vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim order at notice stage: notice issued to opposite party No. 2, returnable at an early date; opposite party No. 2 to file counter-affidavit within four weeks and rejoinder-affidavit within two weeks thereafter; matter listed on 27.03.2026 in the daily cause list; until further orders, the entire proceedings of Complaint Case No. 10987 of 2022 kept in abeyance. Application otherwise pending, not finally disposed.

Issue for consideration

Whether the summoning order dated 16.03.2023 and the entire proceedings of Complaint Case No. 10987 of 2022 under Sections 420, 504 and 323 IPC should be quashed, the applicant contending that the dispute is mainly civil in nature with a criminal cloak and that the opposite party can seek a civil remedy by a suit for recovery.

Ratio / Principle

Until further orders, the entire proceedings of Complaint Case No. 10987 of 2022 (Ram Prakash Yadav v. Ram Kripal Chaudhary) under Sections 420, 504 and 323 IPC, Police Station-Mohana, District-Siddharthnagar, pending in the Court of Judicial Magistrate, Siddharthnagar, shall be kept in abeyance.

Detailed headnote1 paragraphs

Interim order - High Court of Judicature at Allahabad (Hon'ble Nand Prabha Shukla, J.) in Application U/S 528 BNSS No. 3270 of 2026, Ram Kripal Chaudhary v. State of U.P. and Another. The applicant sought quashing of the summoning order dated 16.03.2023 passed by the Judicial Magistrate, Siddharthnagar and of the entire proceedings of Complaint Case No. 10987 of 2022 (Ram Prakash Yadav v. Ram Kripal Chaudhary) under Sections 420, 504 and 323 IPC, Police Station-Mohana, District-Siddharthnagar, contending that the dispute is mainly civil in nature which has been given a criminal cloak and that the opposite party can seek a civil remedy by filing a suit for recovery. The Court issued notice to opposite party No. 2, returnable at an early date, permitted a counter-affidavit within four weeks and rejoinder-affidavit within two weeks thereafter, listed the matter for 27.03.2026, and directed that until further orders the entire complaint proceedings shall be kept in abeyance.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3270 of 2026

Ram Kripal Chaudhary

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Surya Prakash Dubey Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

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

The present application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the summoning order dated 16.03.2023 passed by Judicial Magistrate, Siddharthnagar and further to quash the entire proceedings of Complaint Case No. 10987 of 2022 (Ram Prakash Yadav v. Ram Kripal Chaudhary) under Sections 420, 504 and 323 IPC, Police Station-Mohana, District-Siddharthnagar, pending in the Court of Judicial Magistrate, Siddharthnagar.

It has been submitted by learned counsel for the applicant that the instant dispute is mainly civil in nature which has been given a criminal cloak. It has also been submitted that the opposite party can seek civil remedy by filing a suit for recovery of the alleged amount.

Matter requires consideration.

Issue notice to opposite party No. 2, returnable at an early date.

List on 27.03.2026 in the daily cause list.

Opposite party No. 2 may file counter-affidavit within four weeks. Rejoinder-affidavit be filed within two weeks thereafter.

Until further orders, the entire proceedings of Complaint Case No. 10987 of 2022 (Ram Prakash Yadav v. Ram Kripal Chaudhary) under Sections

NA528 No. 3270 of 2026

2

420, 504 and 323 IPC, Police Station-Mohana, District-Siddharthnagar, pending in the Court of Judicial Magistrate, Siddharthnagar, shall be kept in abeyance.

(Nand Prabha Shukla,J.)

January 29, 2026

Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad