Created by Fuzzy Cloud

Allahabad High Court

VIPIN KUMAR VISHWAKARMA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court refused to quash the proceedings but directed the trial court to entertain a cancellation application for the non‑bailable warrant within one month and stay any coercive action during that period.

Summary

The applicants, Vipin Kumar Vishwakarma and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the proceedings of a complaint case (No. 89067 of 2023) filed under Section 138 of the Negotiable Instruments Act, as well as a non‑bailable warrant (NBW) and a summoning order. The applicants had been convicted by the trial court under Section 138 NI Act and a NBW was issued on 13‑08‑2024, but they expressed willingness to face trial and only requested protection from the NBW. The State’s Additional Government Advocate did not oppose granting such protection. The High Court declined to quash the proceedings, instead directing that if the applicants file an application for cancellation of the NBW within one month of this order, the trial court must consider and dispose of it, and no coercive action shall be taken against them during that period, subject to default. The order was signed by Justice Prashant Mishra‑I on 17‑September‑2026.

Issues considered

  • Whether the High Court can quash the criminal proceedings and the non‑bailable warrant issued under Section 138 of the Negotiable Instruments Act under Section 528 CrPC.
  • Whether interim protection can be granted to the accused pending a cancellation application for the non‑bailable warrant.

Legislation cited

Subjects

  • Section 138 NI Act
  • Non‑bailable warrant
  • Section 528 CrPC
  • Quash proceedings
  • Stay of coercive action
  • Criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 35139 of 2026

Vipin Kumar Vishwakarma And Another
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Brijesh Kumar Yadav, Lalita Kumari
Counsel for Opposite Party(s) : G.A.

Court No. - 84
                    HON'BLE PRASHANT MISHRA-I, J.

1. Sri Brijesh Kumar Yadav, learned counsel for the applicants and
learned A.G.A. for the State are present.

2. The present application has been filed on behalf of the applicants to
quash the entire proceedings of Complaint Case No. 89067 of 2023 (New
Fairdeel Enterprises Vs. Vipin Kumar Vishwakarma) as well as NBW
dated 13.08.2024 and summoning order dated 03.04.2024 under Section
138 of the N.I. Act, Police Station- Sigra, District- Varanasi pending in
the court of learned Additional Court Varanasi.

3. Learned counsel for the applicants apprised the Court that the
applicants were convicted by the learned Trial Court under Section 138
N.I. Act and the summoning order was passed on 03.04.2024.
Subsequently, NBW was issued on 13.08.2024. He submits that the
applicants are ready and willing to face the trial and confined his prayer
only to the extent that some protection may be granted to the applicants
against the NBW.

4. Learned A.G.A. has no objection if some protection is granted to the
applicants as they are ready and willing to face the trial.

5. Considering all aspects of the matter, the instant application is finally
disposed of with a direction to the learned trial court that in case the
applicants appear before the concerned trial court and move appropriate
application for cancellation of non bailable warrant, within one month
                                                                                             NA528 No. 35139 of 2026
                                                                     2


                                    from the date of production of certified copy of this order, the learned
                                    Trial Court shall consider and dispose of the same in accordance with
                                    law, considering the grounds mentioned in the said application.

                                    6. For a period of one month from the date of production of certified copy
                                    of this order or till the applicants appear before the learned trial court and
                                    file an application for cancellation of non bailable warrant, whichever is
                                    earlier, no coercive action shall be taken against the applicants, however,
                                    in case of default, the learned trial court is at liberty to proceed against the
                                    applicants.



                                                                                          (Prashant Mishra-I,J.)
                                    September 17, 2026
                                    Saurabh




Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.