Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SATYA VEER SINGH
Brijesh Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SATYA VEER SINGH, J.
1. Heard Mr Raj Nath Bhakta, learned counsel for the applicant, Mr. Subhendra Singh along with Mr B.P. Pandey, learned A.G.A. for the State and perused the record.
2. The present application under Section 528 BNSS, 2023 has been filed with the prayer to quash the impugned judgment and order dated 16.10.2025 passed by the learned Judicial Magistrate, Court No. 22, Azamgarh, in Misc. Case No. 3817 of 2024 (Anand Kumar vs. Brajesh Kumar), under Section 138 The Negotiable Instruments Act, 1881 (hereinafter referred as N.I. Act), Police Station Kotwali, District Azamgarh. It is further prayed that the Hon’ble Court may be pleased to quash the entire proceeding of Misc. Case No. 3817 of 2024 (Anand Kumar vs. Brijesh Kumar), under Section 138 N. I Act, Police Station - Kotwali, District - Azamgarh, pending in the court of learned Judicial Magistrate, Court No.22, Azamgarh, during pendency of the present application, otherwise applicant shall suffer irreparable loss and injury.
3. Learned counsel for the applicant submits that the application dated 08.09.2025 has been rejected by the impugned order dated 16.10.2025. It is further submitted that the impugned orde
Protracted delay in complaints under Section 138 of the N.I. Act constitutes abuse of process, violating the right to a speedy trial.
Consent of the complainant is necessary for quashing conviction under Section 138 of the Negotiable Instruments Act, reaffirming its quasi-criminal nature and the court's duty to uphold procedural le....
(1) Dishonour of cheque – Any violation of Section 269SS of Income Tax Act, 1961 would not render transaction unenforceable under Section 138 of NI Act.(2) Dishonour of cheque – When statutory notice....
Offences under Section 138 NI Act can be compounded at any stage, including post-conviction, fostering timely justice.
The main legal point established in the judgment is that the accused's failure to adhere to the terms of settlement amounted to playing fraud on the Court, leading to the unravelling of the settlemen....
Generally the powers available under Section 482 of the Code would not have been exercised when a statutory remedy under the law is available, however considering the peculiar set of facts and circum....
The court upheld the dismissal of a complaint for want of prosecution due to the complainant's repeated absences, emphasizing the need for timely justice and the prosecution's duty to appear.
The offence under Section 138 of the Negotiable Instruments Act can be compounded at any stage of litigation when the parties reach a genuine settlement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
