Allahabad High Court
AJAY SINGH VERMAversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
A discharge application is not maintainable in a summons trial under Section 138 of the Negotiable Instruments Act.
Summary
Petitioner Ajay Singh Verma sought to set aside orders dismissing his discharge application in a Section 138 Negotiable Instruments Act case, arguing the lower courts acted illegally. The discharge application had been rejected by a Judicial Magistrate and the subsequent criminal revision was also dismissed. Respondent contended that proceedings under Section 138 are summons cases, in which a discharge application is not permissible. The High Court examined the nature of Section 138 proceedings and affirmed the settled principle that discharge applications are not maintainable in summons trials. Consequently, the Court upheld the orders of the lower courts and dismissed the petition under Article 227.
Issues considered
- Whether a discharge application is maintainable in a summons trial under Section 138 of the Negotiable Instruments Act
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Negotiable Instruments Act
- Section 138
- discharge application
- summons case
- criminal procedure
- revision
- Article 227
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6250 of 2025
Ajay Singh Verma
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Kumar, Himanshu Singh
Counsel for Respondent(s) : A.K. Mishra, G.A., Sati Shanker Tripathi
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the petitioner, learned counsel for respondent
and Sri Amrit Raj, learned AGA for the State are present.
2. Learned counsel for the petitioner has prayed for a direction to set aside
the impugned order dated 24.03.2025 passed by Additional District Judge
(Fast Track Court), Court No. 02, Mathura in Criminal Revision No. 461 of
2025 (Ajay Singh Verma Vs State of U.P. and Another) and order dated
26.05.2022 and summoning order dated 31.08.2022 passed by Presiding
Officer, Additional Judge, Mathura in Criminal Summoning Case No. 27017
of 2022 (Smt. Mamta Vs Ajay Singh Verma) under section 138 of N.I. Act,
Police Station Govind Nagar, District Mathura as well as order dated
14.08.2024 passed by Additional Civil Judge (J.D.)/Judicial Magistrate,
Court No. 07, District Mathura in Complaint Case No. 27914 of 2022, under
Section 138, P.S. Govind Nagar, District Mathura.
3. Learned counsel for the petitioner submitted that his discharge application
filed in Case No. 27914 of 2022 (Smt. Mamta Verma vs. Ajay Singh) under
Section 138 of the Negotiable Instruments Act was dismissed by the learned
Judicial Magistrate vide order dated 14.08.2024. Aggrieved by the said
order, he preferred Criminal Revision No. 461 of 2024 (Ajay Singh Verma
vs. State of U.P. and another), which too came to be dismissed. It was
submitted that both the courts below have committed gross illegality in
rejecting the discharge application hence, both the orders are liable to be set
aside.
4. Learned counsel for the respondent submitted that the proceedings under
Section 138 of the Negotiable Instruments Act are triable as summons cases
and have not been converted into warrant trial by the court concerned. It was
contended that no discharge application is maintainable in a summons case,
A227 No. 6250 of 2025
2
therefore, no interference is warranted with the impugned orders.
5. Heard learned counsel for the parties and perused the record. It is well
settled that a discharge application is not maintainable in a summons trial.
Accordingly, both the impugned orders are upheld. The present petition is
dismissed.
May 5, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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