JITENDRA KUMAR MANGLA v. STATE OF U.P. AND ANOTHER
NA528/22508/2025 · 2025-08-13
Vikas Budhwar
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 68899 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68899 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:139484 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22508 of 2025 Applicant :- Jitendra Kumar Mangla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Saurabh Yadav, learned counsel for the applicant, as per instructions, submits that though the application has been preferred to quash the summoning order dated 21.05.2018 as well as the entire proceedings of Complaint Case No. 5267/2017 (Prerit Agarwal Vs. Jitendra Kumar Mangla), U/S 138 Negotiable Instruments Act, Police Station- Hariparvat, District- Agra, pending before the Additional Chief Judicial Magistrate, Court No. 3, Agra, however, he confines his relief to raise the question with regard to the maintainability of the complaint under Section 138 of the NI Act on the ground that the cheque stood drawn by the company which came to be dishonored but the company was not arraigned as an accused in the complaint and further in the summoning order, the company obviously was not summoned. He places reliance upon the judgment of Hon'ble Suprme Court in Aneeta Hada Vs. Godfather Travels & Tours Pvt. Ltd.: 2012 LawSuit(SC)244, he submits that non bailable warrants have been issued, a direction be issued for consideration of bail application in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for enlargement on bail by 29.08.2025 and this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Satender Kumar Antil (supra). 4. Till 03.09.2025, no coercive action shall be taken against the applicant with respect to summoning order dated 21.05.2018 as well as the entire proceedings of Complaint Case No. 5267/2017 (Prerit Agarwal Vs. Jitendra Kumar Mangla), U/S 138 Negotiable Instruments Act, Police Station- Hariparvat, District- Agra, pending before the Additional Chief Judicial Magistrate, Court No. 3, Agra. 5.
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 :- 14.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad