Suneel Kumar v. State of U.P. through Secretary Home and another
A482/10306/2025 · 2025-12-05
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177018 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177018 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10306 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application has been filed for the following main prayers:
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the proceedings arising out of the order dated 08.10.2025 in Warrant or Summons Criminal Case No. 26535/2025, under Section 138 of the N.I. Act, Police Station Harpalpur, District-Hordoi passed by the Civil Judge (J.D)/ F.T.C. Hardoi. A true certified copy of the said order is annexed herewith this petition as Annexure No.1". 3. Learned counsel for the applicant submits that the cheques mentioned in the complaint filed by opposite party no.2 under the N.I. Act before the Civil Judge (Junior Division)/FTC, Hardoi were missing from the applicant and the applicant moved an application under Section 173(4) of BNSS, 2023 on 10.4.2025 and the said application was treated as complaint. The applicant stopped payment of the cheques which were missing. He has submitted that there is no liability of the applicant to pay amount to opposite party no.2. 4. On the other hand, learned AGA has submitted that three cheques were given by the applicant to opposite party no.2, details of which has been mentioned in the complaint. Legal notice was given and thereafter the Versus Counsel for Applicant(s) : Devendra Pratap, Saad Husain, Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A. Suneel Kumar .....Applicant(s) State Of U.P. Through Secretary Home And Another .....Opposite Party(s)
complaint was filed within time on 14.11.2025 and after recording the statement under Section 200 Cr.P.C, the court below has summoned the applicant. He submits that there is no illegality or infirmity in the summon issued by the court below. 5. After going through the record, it is apparent that the complaint has been filed for the reasons that three cheques nos.081310, 081311 and 081312 pertaining to Rs.14,85,000/- were given by the applicant to opposite party no.2 which were signed. This Court cannot give any finding regarding the argument that the cheques were lost. 6. The application is devoid of merit. It is accordingly dismissed.
December 5, 2025 Sachin A482 No. 10306 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench