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2025 DAILYLAW 96543 (ALL)

PRADEEP KUMAR TIWARI v. STATE OF U.P. AND ANOTHER

NA528/35615/2025 · 2025-09-15

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35615 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Rajan Tripathi, learned counsel for the applicant, as per instructions, has submitted that though the summoning order is dated 02.09.2016 and post dishonor of a cheque, a statutory demand notice came to be issued on 01.08.2016 which was stated to have been served upon the applicant on 08.08.2016 and the complaint was lodged on 22.08.2016, thus, 15 days' clear time as stipulated under Section 138 read with Section 142 of the NI Act to make the payment was not given, however, according to him, non-bailable warrants have been issued, thus, the applicant may be granted breathing time to obtain bail and in the meantime, interim protection be accorded and the submission so made by the applicant be considered by the court below. He confines his relief for enlargement on bail 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 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 09.10.2025, no coercive action shall be taken against the applicant with respect to summoning order dated 02.09.2016 passed by Senior Division Court No. 2, A.C.M.M./A.C.J., Kanpur Nagar in Complaint Case No. 6256 of 2016 (Humayu Sageer Vs. Pradeep Kumar Tiwari), under Section 138 N.I. Act, Police Station Shishamau, District Kanpur Nagar, Versus Counsel for Applicant(s) : Rajan Tripathi Counsel for Opposite Party(s) : G.A. Pradeep Kumar Tiwari .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) pending before the Court Additional Civil Judge (J.D.) Court No. 4, Kanpur Nagar. 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. September 16, 2025 Rajesh NA528 No. 35615 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad