Neutral Citation No. - 2025:AHC:52456 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11793 of 2025 Applicant :- Manoj Kumar Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Pal Singh,Rajat Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajat Kumar Shukla, learned counsel for the applicants and Sri Indrajeet Singh Yadav, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant seeking direction for the court below to decide the following complaint cases jointly Complaint Case No. A. 4422 of 2020, B. 4423 of 2020, C. 9242 of 2020 D. 285 of 2021, E.12 of 2021 (Gaytri Devi Vs. Manoj Kumar Chaudhary) under section 138 N.I. Act Police Station Refinery, District Mathura pending in the court of Judicial Magistrate, Court No.12, Mathura as well as clubbed the complaint cases with each other and release the applicant in entire following cases in one bail. 3. Learned counsel for the applicant submits that complaints stood lodged by O.P. No.2 against the applicant under Section 138 of N.I. Act regarding dishonouring of the cheque. Submission is that between O.P. No.2 and other co-owners of a plot being Khata No.307, an agreement stood executed with the applicant on 30.01.2020, according to which it was decided to develop the plot and to sell it off. Learned counsel for the applicant further submits that as per the terms and conditions of the agreement, certain cheques stood issued and the owners of the land one of them being O.P. No.2 was to provide possession of the land for being developed and in lieu thereof, several cheques to the tune of Rs.36,00,000/- stood drawn by the applicant. Learned counsel for the applicant submits that the owners of the land including the O.P. No.2 committed default in adhering to the terms and conditions of the agreement, pursuant whereto the applicant had no option but to direct the bank for stopping of the payment, pursuant whereto the cheque stood dihonoured. Learned counsel for the petitioner has also invited attention towards a notice issued by the applicant to O.P. No.2 on 25.06.2020. Prayer in the present application is that the trial court be directed to try the Complaint Case No.4422 of 2020, 4423/2020, 9242/2020, 285 of 2021 and 12 of 2021, while clubbing the same and release the applicant in the said cases in one bail. He seeks to rely upon the provisions contained under Section 220 of the CrPC and the judgment in the case of Hani Nishad @ Mohamad Imran @ Vikky Vs. State of U.P. 2018 LawSuit (SC) 1637 so as to contend that the Hon'ble Apex Court had directed to accept one personal bond and the same bond shall hold good for all the other cases. 4. Learned A.G.A. on the other hand submits that the application is premature, in so far as a direction for granting of bail on same personal bond and surety. He further submits that it is always open for the applicant to prefer proceeding while filing application under Section 220 of CrPC and in case, such an application is preferred, then the Magistrate has power to club the said complaint, and in case, bail orders are passed with separate bonds and sureties, then it is always open for the applicant either to insist before the Court or to approach this Court while filing an Application u/s 528 of BNSS. 5. To such a submission, the applicant has no objection. 6. Considering the submissions so made across the Bar, the application stands disposed of granting liberty to the applicant to take appropriate proceedings as per the law. Order Date :- 10.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad