Allahabad High Court
MOHD. SUHAIL QURESHI (DIRECTOR, ALSO FOOD)versusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANOJ BAJAJ
Holding
The revision petition is dismissed as the discharge application is misplaced in a summary summons case.
Summary
Mohd. Suhail Qureshi filed a criminal revision petition challenging the order dated 3 December 2025 of the Additional Civil Judge (J.D.) that dismissed his application for discharge in a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner argued that the order was erroneous, but the High Court observed that the trial was a summary summons case and the discharge application was therefore misplaced. No substantive ground was found to interfere with the lower court’s order. Consequently, the revision petition was dismissed. The decision underscores that discharge applications are not appropriate in summary summons proceedings under the NI Act.
Issues considered
- Whether the revision petition challenging the dismissal of the discharge application is maintainable.
- Whether a discharge application is appropriate in a summary summons case under Section 138 of the Negotiable Instruments Act.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Negotiable Instruments Act
- Section 138
- criminal revision
- discharge application
- summary trial
- summons case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 1559 of 2026
Mohd. Suhail Qureshi (Director, Also Food)
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Amir Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner has filed this revision petition to challenge the impugned order
dated 3.12.2025 passed by Additional Civil Judge (J.D.), Court No.3,
Aligarh in Complaint Case No. 1262 of 2019, titled M.N. Enterprises Vs.
Directors Alsa Food, under Section 138 Negotiable Instruments Act,
1881, Police Station Civil Lines, District Aligarh, whereby his discharge
application has been dismissed.
Concededly, the order issuing process against the petitioner-accused in a
complaint under Section 138 Negotiable Instruments Act, 1881 was never
challenged by the petitioner, who later on moved an application for
discharge, but in the considered opinion of this Court the trial being
summary in nature (summons case), the application for discharge is
apparently misplaced.
No ground is made out for interference by this Court. The revision
petition is dismissed.
(Manoj Bajaj,J.)
April 28, 2026
P.S.Parihar
Digitally signed by :-
POORAN SINGH PARIHAR
High Court of Judicature at Allahabad
Checking your session…