Gaurav @ Gaurav Singh vs State of U.P. Thru. Its Addl… — Cheque Dishonour | Allahabad HC (2026)

Gaurav @ Gaurav Singh vs State of U.P. Thru. Its Addl… — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection only: applicant to seek recall of the NBW within one week (trial court to decide within two weeks in accordance with law and Inder Mohan Goswami (supra)); NBW kept in abeyance for three weeks or until disposal of the recall application; no quashing of the impugned order.

Issue for consideration

Whether the non-bailable warrant issued directly by the trial court against the applicant, despite his pending application for exemption from personal appearance following leg surgery, warranted interference under S.528 BNSS.

Court's answer

The applicant was directed to move an application for recall of the order issuing the non-bailable warrant within one week; if such an application is moved, the trial court shall decide it within two weeks thereafter in accordance with law and the judgment in Inder Mohan Goswami (supra) relied on by counsel.

Ratio / Principle

Till expiry of three weeks or till disposal of the recall application, the non-bailable warrant shall remain in abeyance; the applicant is to cooperate in the proceedings and not seek unnecessary adjournments, failing which the court below is at liberty to take appropriate steps in accordance with law.

Detailed headnote1 paragraphs

Quashing application under S.528 BNSS against order dated 17.02.2026 of the Additional Chief Judicial Magistrate, Lalganj, Pratapgarh issuing a non-bailable warrant in Complaint Case No.811 of 2024 under S.138 of the Negotiable Instrument Act, where the applicant had undergone leg surgery and had moved for exemption from personal appearance, yet the warrant was issued directly without first issuing a bailable warrant: disposed of with directions — applicant to move a recall application within one week, trial court to decide it within two weeks thereafter in accordance with law and in light of Inder Mohan Goswami and another v. State of Uttaranchal and others, (2007) 12 SCC 1 (para 56 relied upon by counsel); applicant to cooperate and refrain from seeking adjournments, failing which the court below may take appropriate steps in accordance with law; NBW to remain in abeyance till expiry of three weeks or disposal of the recall application.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 878 of 2026

Gaurav @ Gaurav Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Home Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Manvendra Mishra, Abhishek Shukla, Jitesh Yadav Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant and learned AGA for the Stateopposite party no.1.

The present application has been filed seeking quashing of the order dated 17.02.2026 passed by the Additional Chief Judicial Magistrate, Lalganj, Pratapgarh in Complaint Case No.811 of 2024, under Section 138 of Negotiable Instrument Act, Police Station Lalganj, District Pratapgarh, whereby non-bailable warrant has been issued against the applicant.

Learned counsel for the applicant submits applicant underwent leg surgery and he has moved an application for exemption from personal appearance, but in spite of that the trial court has issued non-bailable warrant against him directly even without issuing bailable warrant. He submits that the matter is fixed for 08.04.2026. In support of his contention, counsel for the applicant has placed reliance upon Para-56 of the judgment of the Supreme Court rendered in the case of Inder Mohan Goswami and another Vs. State of Uttaranchal and others , (2007) 12 SCC 1.

Considering the facts and circumstances of the case, applicant is directed to move an application for recall of the order issuing non-bailable warrant within a period of one week from today, and if such an application is moved, the same shall be decided by the trial court within two week thereafter in accordance with law and the judgment cited by

NA528 No. 878 of 2026

2

learned counsel for the applicant in Inder Mohan Goswami (Supra). The applicant will cooperate in the proceedings and will not seek unnecessary adjournment in future and in case he does not cooperate, the court below will be at liberty to take appropriate steps in accordance with law. Till expiry of three weeks or till disposal of the said application, non-bailable warrant issued against the applicant shall remain in abeyance.

The application stands disposed of.

(Brij Raj Singh,J.)

February 27, 2026

Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench