Allahabad High Court
RAJENDRA SINGHversusSTATE OF UTTAR PRADESH AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The petition lacks merit and is dismissed because the factual issue must be tried and the complaint was filed within the statutory limitation period.
Summary
The petitioner filed a petition under Article 227 seeking to set aside a summoning order dated 18‑04‑2022 and a subsequent judgment, alleging that the cheque in a Section 138 Negotiable Instruments Act case was handed to a third party and that the complaint was filed with delay. The petitioner argued that the defence of the cheque being given to another person was not considered and that the complaint was filed beyond the limitation period. The Court held that the question of whether the cheque was given to a third party is a factual issue that must be decided at trial and the court cannot conduct a mini‑trial at the interlocutory stage. It also observed that the complaint was filed within the 45‑day period prescribed by Section 138 read with Section 142 of the NI Act, rendering the limitation argument untenable. Consequently, the petition was found to lack merit and was dismissed.
Issues considered
- What is the appropriate jurisdiction of the High Court under Article 227 to set aside the summoning order and judgment?
- Whether the complaint under Section 138 of the Negotiable Instruments Act was filed within the statutory limitation period.
- Whether the factual dispute regarding the cheque being handed to a third party can be decided at this interlocutory stage.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138, 142
Subjects
- Article 227
- Section 138 NI Act
- limitation period
- summoning order
- cheque bounce
- interlocutory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 11433 of 2026
Rajendra Singh
.....Petitioner(s)
Versus
State Of Uttar Pradesh And Another
.....Respondent(s)
Counsel for Petitioner(s) : Phool Singh Yadav, Vaibhav Yadav
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. The present petition is filed by the petitioner seeking following relief:-
"An order to set aside the summoning order dated 18.04.2022 passed by
the learned Judicial Magistrate, Court No. II, Jhansi in Complaint Case
No. 1545 of 2021 (Rajiv Singh Vs. Rajendra Singh Yadav) under Section
138 of the Negotiable Instruments Act, 1881, Police Station Babina,
District Jhansi, as well as the judgment and order dated 23.06.2026
passed by the learned Additional Sessions Judge, FTC-CAW, Jhansi in
Criminal Revision No. 117 of 2023 (Rajendra Singh Vs. Raiiy Singh &
Another)."
2. It is submitted by learned counsel for the petitioner that the petitioner is
the accused and a complaint was filed under Section 138 N.I. Act for
dishonour of cheque for a sum of Rs.5,75,000/-. The cheque was not
given to the respondent no.2-complainant. However, the same was given
to a third party and such defence has not been considered. He submits that
the complaint has been filed with delay on 26.2.2021 as the notice was
served on 26.1.2021.
3. It is to be seen that in so far as the question of the cheque being given
to another person is a question of fact, which is required to be adjudicated
at the stage of trial and this Court cannot hold a mini trial at this stage. In
so far as the question of limitation is concerned, the complaint has been
filed within 45 days of the service of notice as per Section 138 read with
Section 142 of N.I. Act.
A227 No. 11433 of 2026
2
4. Such an argument of learned counsel for the petitioner is not tenable
under law.
5. The petition lacks merit and is, accordingly, dismissed.
(Vikram D. Chauhan,J.)
September 14, 2026
Bhaskar
Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad
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