Dismissed¶15

Shubham Gupta v. State of U.P. and Another

Allahabad HC29 Jan 2026NA528/3301/2026

Case brief

AI extract

What is this about?

Allahabad High Court; APPLICATION U/S 528 BNSS No. 3301 of 2026; Shubham Gupta vs. State of U.P. and Another; quashing of order dated 05.06.2025; Judicial Magistrate First, Hapur; Complaint Case No.891 of 2024; Ankur Kansal; Section 138 N.I.Act; Section 528 BNSS; arguments completed; case posted for judgment and order; no interference; remedy to challenge trial court order; Transfer Application (Criminal) No.299 of 2025 dismissed as withdrawn 02.07.2025; The State vs. Tr N Seenivasagan distinguished; application dismissed; Deepak Verma, J.; May 5, 2026.

What did the court decide?

Since the trial court has heard the matter and the case is posted for judgment and order, the High Court is not inclined to interfere in the proceeding; the applicant has a remedy to challenge the order of the trial court. ¶13

Shubham Gupta vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2026)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 3301 of 2026

Shubham Gupta

.....Applicant(s)

Versus

State of U.P. and Another

¶7

.....Opposite Party(s)

¶8

Counsel for Applicant(s)	: Archit Mishra,	Vinod Kant Mishra
Counsel for Opposite Party(s)	: G.A.

¶9

Court No. - 74

¶10

HON'BLE DEEPAK VERMA, J.

¶11

Heard counsel for the applicant and learned AGA for the State.

¶12

The present 528 B.N.S.S. application has been filed to quash the impugned order dated 05.06.2025 passed by the Judicial Magistrate First, Hapur in Complaint Case No.891 of 2024 (Ankur Kansal vs. Shubham Gupta), under Section 138 N.I.Act, Police Station Hapur Nagar, District Hapur, pending in the court of Judicial Magistrate First, Hapur.

¶13

From perusal of the record and order-sheet, it is apparent that the case is being posted for judgement/order but Court has not passed judgment/order on account that transfer application is pending before Hon'ble Court. Learned counsel for the applicant has produced the transfer order passed by this Court in Transfer Application (Criminal) No.299 of 2025 (Shubham Gupta vs. State of U.P. and another). Transfer application of the applicant is dismissed as withdrawn by order of this Court dated 02.07.2025. Since trial court has heard the matter and case is posted for judgment and order, the court is not inclined to interfere in the proceeding. Applicant has remedy to challenge the order of the trial court.

¶14

Learned counsel for the applicant has placed reliance upon Apex Court judgment in The State represented by the Deputy Superintendent of Police vs. Tr N Seenivasagan in Criminal Appeal Nos.231-232 of 2021 decided on 01.03.2021. The facts of the case as discussed by the Hon'ble Apex Court is entirely different from the facts of the present case. In the present case, argument is completed and case is posted for judgment/order.

¶15

No interference is warranted. The application u/s 528 B.N.S.S. is dismissed.

¶16

May 5, 2026 SKD

¶17

(Deepak Verma,J.)

¶18

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Shubham Gupta v. State of U.P. and Another

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Shubham Gupta v. State of U.P. and Another

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