Allahabad High Court
HEMANT KUMAR VERMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court stayed the execution of the non‑bailable warrant for three weeks, directing the applicant to appear and seek recall.
Summary
The applicant, Hemant Kumar Verma, filed an application under Section 528 of the Criminal Procedure Code seeking to quash non‑bailable warrant orders dated 07.03.2026 and 25.03.2026 issued by the Additional Chief Judicial Magistrate, Jhansi, in a case under Section 138 of the Negotiable Instruments Act. The warrant was issued because the applicant failed to appear before the lower court. The High Court, after hearing counsel, granted interim protection by staying the execution of the warrant for three weeks, directing the applicant to appear before the lower court within that period and to apply for recall of the warrant. The stay would lapse automatically if the applicant defaults, allowing the lower court to proceed. The application was consequently disposed with the interim relief.
Issues considered
- Whether the non‑bailable warrant issued for failure to appear can be stayed pending the applicant's appearance under Section 528 CrPC.
- Whether interim protection can be granted to enable the applicant to apply for recall of the warrant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- Section 528 CrPC
- non‑bailable warrant
- stay of execution
- Negotiable Instruments Act
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16072 of 2026
Hemant Kumar Verma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Pal, Rajeev Kumar Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant, learned Additional Government
Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application has been filed by the applicant to quash the impugned
orders dated 07.03.2026 and 25.03.2026 passed by the learned Ist Additional
Chief Judicial Magistrate, Jhansi, in Complaint No. 3026/2020 (Arti Sahu
Vs. Hemant Kumar Verma), under Section 138 Negotiable Instruments Act,
Police Station Premnagar, District Jhansi.
3. From the record, it transpires that on account of the failure of the applicant
to appear before the court below, non-bailable warrant has been issued
against the applicant by the court below vide order dated 07.03.2026.
4. Learned counsel for the applicant submits that interest of justice shall be
served provided some protection is granted by this Court to enable the
applicant to appear before the court below.
5. Considering the facts and circumstances of the case, it is provided that the
applicant shall appear before the court concerned within three weeks from
today and moves an application for recall of non bailable warrant, which
shall be considered and disposed of expeditiously in accordance with law.
6. For a period of three weeks, the execution of non bailable warrant issued
against the applicant shall remain stayed.
7. In case of default, the interim protection granted by this Court shall stand
NA528 No. 16072 of 2026
2
automatically vacated and the court below shall be free to proceed against
the applicant in accordance with law.
8. With the aforesaid direction, the 482 application is finally disposed off.
(Deepak Verma,J.)
May 7, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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