Allahabad High Court
SALMAN QADIRversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 CrPC is dismissed, and the summoning order and criminal proceeding stand.
Summary
The applicant, Salman Qadir, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the summons dated 02‑04‑2021 and the entire criminal proceeding (Complaint No.1408 of 2020) against him under Section 138 of the Negotiable Instruments Act. The complaint alleged that the applicant, a director of Afan Food Processing Pvt. Ltd., had issued post‑dated cheques for Rs.52 lakh and Rs.48 lakh which were later dishonoured, prompting the complainant to invoke criminal provisions. The applicant contended that the allegations were false, malicious, and that the magistrate’s order was passed mechanically without applying judicial mind. The State opposed the application, asserting that the magistrate had duly considered the material evidence and that the proceedings were nearing conclusion. The High Court examined the record, found that the magistrate had indeed perused the evidence and that the case was on the verge of final hearing, and consequently dismissed the application to quash the summons. The order of dismissal stands as the final disposition of the application.
Issues considered
- Whether the summoning order dated 02‑04‑2021 under Section 138 NI Act is liable to be set aside on the ground of lack of judicial mind.
- Whether the application under Section 528 CrPC for quashing the criminal proceeding is maintainable at this stage of the trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- Section 528 CrPC
- Section 138 NI Act
- cheque bounce
- quash of criminal proceeding
- summons order
- malicious prosecution
- judicial mind
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33630 of 2025
Salman Qadir
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar Pandey
Counsel for Opposite Party(s) : G.A., Khalid Mahmood
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant; learned A.G.A. for the State and
perused the record.
2. Present application has been filed to quash the summoning order dated
02.04.2021 as well as entire proceeding in Complaint Case No.1408 of 2020
(Mohd. Gufran Vs. Salman Qadir) under Sections 138 of N.I. Act, P.S. Civil
Line, District Aligarh, pending in the Court of Special Court (J.M.) Aligarh.
3. It is alleged in the complaint that complainant is one of the Director along
with applicant in a company, namely, Afan Food Processing Pvt. Ltd. and he
invested Rs.67 lakh in the said company but after some dispute arisen
between the parties, the applicant agreed to repay of Rs.52 lakh to the
complainant and the applicant gave post dated cheque to the complainant
and when the same was presented before the bank, the same was
dishonoured. Thereafter another cheque bearing no. 000007 dated
01.01.2020 of Rs.48 lakh was given by the applicant to opposite party no. 2
and when it was presented before the Bank, the same was also dishonoured.
Hence, the present complaint.
4. Counsel for the applicant submits that allegation alleged in the complaint
is false, baseless and has been lodged with malicious intention only to harass
the applicant. the order impugned has been passed in mechanical manner
without considering the material evidence. The summoning order passed by
the learned Judicial Magistrate is without application of judicial mind and is
liable to be set aside.
NA528 No. 33630 of 2025
2
5. Learned A.G.A. has vehemently opposed the prayer for quashing the
proceedings of the aforesaid case and has submitted that the order impugned
do not suffer from any illegality or infirmity.
6. From perusal of the impugned order, it is apparent that the learned
Magistrate has passed the said order after perusing the material evidence on
record. The order impugned is just and proper and impugned order does not
suffer from any illegality and infirmity. The cognizance and summoning by
the court concerned is based upon material evidence available on record. The
submission raised by counsel for the applicant cannot be examined at this
stage. Moreover, on perusal of order sheet attached with the application, the
orders dated 13.02.2025, 18.03.2025 and 17.04.2025 reveals that applicants
are not appearing before the trial court and exemption application has been
allowed with cost and case is posted for final hearing. Since the proceedings
before the trial court is on the verge of conclusion, as such, no interference is
warranted at this stage.
7. The present application is, accordingly, dismissed.
(Deepak Verma,J.)
May 7, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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