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2025 DAILYLAW 192483 (ALL)

RAMVEER SINGH v. STATE OF U.P. AND ANOTHER

NA528/39831/2025 · 2025-10-13

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39831 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned Counsel for the applicants and learned A.G.A for the State. 2. This application has been filed by the applicants for quashing the summoning order dated 3.8.2023 passed by Judicial Magistrate, Hathras in Complaint Case No.201 of 2023, Niranjan Singh Vs. Ramveer Singh, under Section 138 N.I. Act, Police Station Hathras Junction, District Hathras. 3. It is submitted by learned counsel for the applicant that the cheque was dishonoured, as a result of the same, complaint proceedings under Section 138 N.I. Act has been proceeded with. He submits that in the present case the details of the cause of action in compliance of the judgment of Supreme Court dated 25.9.2025 in the case of Sanjabij Tari Vs. Kishore S. Borcar and another in Criminal Appeal No.1755 of 2010 in clause D of paragraph 36 has not been stated. The clause D of the aforesaid judgment is quoted hereunder:- "D. Each and every complaint under Section 138 of the NI Act shall contain a synopsis in the following format which shall be filed immediately after the index (at the top of the file) i.e. prior to the formal complaint:- Complaint under Section 138 of the Negotiable Instruments Act, 1881 I. Particulars of the Parties Versus Counsel for Applicant(s) : Rahul Kumar Sharma Counsel for Opposite Party(s) : G.A. Ramveer Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (i) Complainant: ____________ (ii) Accused: ____________ (In case where the accused is a company or a firm then Registered Address, Name of the Managing Director/Partner, Name of the signatory, Name of the persons vicariously liable) II. Cheque Details (i) Cheque No. ____________ (ii) Date: ____________ (iii) Amount: ____________Criminal Appeal No.1755/2010 Page 14 of 19 (iv) Drawn on Bank/Branch: ____________ (v) Account No.: ____________ III. Dishonour (i) Date of Presentation: ____________ (ii) Date of Return/Dishonour Memo: ____________ (iii) Branch where cheque was dishonoured:_________ (iv) Reason for Dishonour: ____________ IV. Statutory Notice (i) Date of Notice: ____________ (ii) Mode of Service: ____________ (iii) Date of Dispatch & Tracking No.: ____________ (iv) Proof of Delivery & date of delivery: ____________ (v) Whether served:____________________ NA528 No. 39831 of 2025 2 (vi) If Not, reasons thereof:________________ (vii) Reply to the Legal Demand Notice, if any_______________ V. Cause of Action (i) Date of accrual: ____________ (ii) Jurisdiction invoked under Section 142(2): ____________ (iii) Whether any other complaint under section 138 NI Act is pending between the same parties, If Yes, in which court and the date and year of the institution. VI. Relief Sought (i) Summoning of accused and trial under Section 138 NI Act__________ (ii) Whether Award of Interim compensation under Section 143A of NI Act sought _____ VII. Filed through: Complainant/Authorized Representative” 4. It is to be seen in the present case that the judgment of the Supreme Court is dated 25.9.2025, which directs that the complaint be filed in a particular format. The present complaint is filed in the year 2023. The judgment cannot have a restrospective effect and at the best the pleadings can be amended in compliance of the judgment of the Supreme Court. However, the same cannot be a ground to challenge the proceedings. 5. The present application lacks merit and is, accordingly, dismissed. October 14, 2025 Bhaskar NA528 No. 39831 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad