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2026 DAILYLAW 7859 (ALL)

MOHIT CHAUHAN v. STATE OF U.P. AND ANOTHER

NA528/37717/2026 · 2026-09-15

Prashant Mishra I

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37717 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. 1. Heard Mr. Mahendra Kumar Yadav, learned counsel for the applicant and learned A.G.A. representing the State. 2. Prayer of the applicant in the instant application is quoted herein below: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and to quash the impugned summoning order dated 10.4.2019 and Non-Bailable-Warrant dated 3.10.2019 passed by Additional Court, Aligarh in Complaint Case No. 3851 of 2018, (Kuldeep Singh Vs Mohit Chauhan), Under Section 138 of Negotiable Instrument Act, Police Station-Banna Devi, District-Aligarh and as well as entire proceeding of Complaint Case No. 3851 of 2018, (Kuldeep Singh Vs Mohit Chauhan), Under Section 138 of Negotiable Instrument Act, Police Station-Banna Devi, District-Aligarh It is further that this Hon'ble Court may kindly be pleased to stay the further proceeding of in Complaint Case No. 3851 of 2018, (Kuldeep Singh Vs Mohit Chauhan), Under Section 138 of Negotiable Instrument Act, Police Station-Banna Devi, District-Aligarh and as well as entire proceeding of Complaint Case No. 3851 of 2018, (Kuldeep Singh Vs Mohit Chauhan), Under Section 138 of Negotiable Instrument Act, Police Station-Banna Devi, District-Aligarh pending in the court of learned Additional Court, Aligarh, during the pendency of instant application before this Hon'ble Court. So that justice be done, otherwise the Applicant shall suffer irreparable loss and hard injury. And/or pass such other and further order as this Hon'ble Court may deem fit and Versus Counsel for Applicant(s) : Amar Singh Yadav, Mahendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Mohit Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proper in the present circumstances of the case." 3. On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned trial court to decide the bail application of the applicant, if preferred, expeditiously. 4. Learned A.G.A. has no objection if the Court allows the aforesaid prayer of the applicant. 5. Accordingly the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that the applicant shall surrender before the concerned trial court within four weeks from the date of production of certified copy of this order and in case applies for bail, the bail application shall be decided expeditiously by the concerned trial court in light of grounds raised therein and in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of four weeks from the date of production of certified copy of this order or till the time of surrender of the applicant before the concerned trial court, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. September 16, 2026 Kashifa NA528 No. 37717 of 2026 2 (Prashant Mishra-I,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad