Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32808 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Moti Lal, learned A.G.A., who appears for the State.
2. Though the application under Section 528 of BNSS has been preferred by the applicant for quashing the summoning order dated 21.01.2025 as well as N.B.W. 14.7.2025 passed by Civil Judge (J.D.)/F.T.C.-1 Gautam Budh Nagar in Complaint Case No. 6971/2024 (Manesh Versus Ajay Kumar Jain and Ors) under section 138 Negotiable Instruments Act Police station Sector-126, Noida District Gautam Budh Nagar., however, as per the instructions received from his client, learned counsel for the applicant seeks to apply for bail before the court below.
3. Sri Moti Lal, learned A.G.A. has no objection to the same.
4. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands disposed of while observing that in case appropriate proceeding in the form of bail application is preferred before the court below by 23.09.2025, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in accordance with the law of the land without granting any unnecessary adjournments.
5. Till the disposal of the bail application, no coercive action be taken against the applicant with respect to the summoning order dated 21.01.2025 as well as N.B.W. 14.7.2025 passed by Civil Judge (J.D.)/F.T.C.-1 Gautam Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ajay Kumar Jain .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Budh Nagar in Complaint Case No. 6971/2024 (Manesh Versus Ajay Kumar Jain and Ors) under section 138 Negotiable Instruments Act Police station Sector-126, Noida, District Gautam Budh Nagar..
6. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 1, 2025 N.S.Rathour NA528 No. 32808 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad