Allahabad High Court
MOHIT CHAUHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The application under Section 528 B.N.S.S. is dismissed; the applicant must surrender and any bail application shall be decided expeditiously.
Summary
Mohit Chauhan filed an application under Section 528 of the B.N.S.S. seeking to quash a summoning order dated 10‑04‑2019 and a non‑bailable warrant dated 03‑10‑2019 issued by the Additional Court, Aligarh in a complaint under Section 138 of the Negotiable Instruments Act (Kuldeep Singh v. Mohit Chauhan). He also prayed for a stay of the entire proceeding, alleging irreparable loss. The State, represented by the Additional Government Advocate, raised no objection to the relief. The High Court, after hearing counsel, refused the prayer to quash the orders and stay the case, directing the applicant to surrender before the trial court within four weeks and to have any bail application decided expeditiously, citing the Supreme Court decision in Satender Kumar Antil v. CBI. The Court also ordered that no coercive action be taken against the applicant during the four‑week period. Consequently, the application under Section 528 was disposed of.
Issues considered
- Whether the summoning order and non‑bailable warrant issued in a Section 138 NI Act case can be quashed under Section 528 of the B.N.S.S.
- Whether a stay of the criminal proceedings is warranted pending the application.
- Whether the applicant is entitled to immediate bail and protection from coercive action.
Legislation cited
- B.N.S.S. — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- Section 528 B.N.S.S.
- non‑bailable warrant
- stay of proceedings
- bail application
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37717 of 2026
Mohit Chauhan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Singh Yadav, Mahendra Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Mahendra Kumar Yadav, learned counsel for the applicant and
learned A.G.A. representing the State.
2. Prayer of the applicant in the instant application is quoted herein below:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to allow the instant application and to quash the impugned summoning order
dated 10.4.2019 and Non-Bailable-Warrant dated 3.10.2019 passed by Additional
Court, Aligarh in Complaint Case No. 3851 of 2018, (Kuldeep Singh Vs Mohit
Chauhan), Under Section 138 of Negotiable Instrument Act, Police Station-Banna
Devi, District-Aligarh and as well as entire proceeding of Complaint Case No. 3851
of 2018, (Kuldeep Singh Vs Mohit Chauhan), Under Section 138 of Negotiable
Instrument Act, Police Station-Banna Devi, District-Aligarh
It is further that this Hon'ble Court may kindly be pleased to stay the further
proceeding of in Complaint Case No. 3851 of 2018, (Kuldeep Singh Vs Mohit
Chauhan), Under Section 138 of Negotiable Instrument Act, Police Station-Banna
Devi, District-Aligarh and as well as entire proceeding of Complaint Case No. 3851
of 2018, (Kuldeep Singh Vs Mohit Chauhan), Under Section 138 of Negotiable
Instrument Act, Police Station-Banna Devi, District-Aligarh pending in the court of
learned Additional Court, Aligarh, during the pendency of instant application before
this Hon'ble Court. So that justice be done, otherwise the Applicant shall suffer
irreparable loss and hard injury.
And/or pass such other and further order as this Hon'ble Court may deem fit and
NA528 No. 37717 of 2026
2
proper in the present circumstances of the case."
3. On the matter being taken up, learned counsel for the applicant has not
pressed the relief as sought by means of this application on merit and prayed
for issuance of appropriate direction to the concerned trial court to decide the
bail application of the applicant, if preferred, expeditiously.
4. Learned A.G.A. has no objection if the Court allows the aforesaid prayer
of the applicant.
5. Accordingly the relief as sought by the applicant through this application
is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is directed
that the applicant shall surrender before the concerned trial court within four
weeks from the date of production of certified copy of this order and in case
applies for bail, the bail application shall be decided expeditiously by the
concerned trial court in light of grounds raised therein and in accordance
with law laid down by the Apex Court in the case of Satender Kumar Antil
Vs. Central Bureau of Investigation and another, reported in 2021 SCC
OnLine SC 922.
7. For the period of four weeks from the date of production of certified copy
of this order or till the time of surrender of the applicant before the
concerned trial court, whichever is earlier, no coercive action shall be taken
against the applicant in the aforesaid case.
8. With the aforesaid directions, this application under Section 528 B.N.S.S.
stands disposed of.
(Prashant Mishra-I,J.)
September 16, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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