ARVIND AGRAWAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/17519/2025 · 2025-08-21
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58402 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58402 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144858 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17519 of 2025 Applicant :- Arvind Agrawal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Bhushan Paul,Prateek Bansal,Saurabh Paul Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Saurabh Paul, learned counsel for the applicants has submitted that though the present application has been preferred questioning the summoning order dated 20.07.2018, however, there are certain legal points including the fact that the cheque has been with the partnership firm has not been arraigned as an accused, thus, the provisions of Section 141 of the NI Act would come into play and the complaint is not maintainable as the complaint is pre-mature. He seeks to take legal and factual grounds at the time of contesting the trial. Learned counsel for the applicant submits that a direction be issued for consideration of the bail application.
3. Learned AGA has no objection to the same.
4. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to prefer the bail application strictly in accordance with law.
5. In the opinion of the Court, once a bail application is preferred by 05.09.2025 then the same shall be considered with most
expeditions strictly as per the law of the land without any delay.
6. Till the bail application is decided, no coercive action shall be taken against the applicant with respect to the Case No. 448/2018 U/s 138 NI Act, pending in the Additional Chief Judicial Magistrate Hathras as well as summoning order dated 20-07-2018 passed by Additional Chief Judicial Magistrate, Hathras.
7. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 22.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad