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Allahabad High Court

MOHD. SUHAIL QURESHI (DIRECTOR, ALSO FOOD)versusSTATE OF U.P. AND ANOTHER

Decided

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

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


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