Allahabad High Court
MANOJ KUMAR PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The Court held that, subject to the applicant appearing before the trial court and moving an application for cancellation, no coercive action shall be taken against him for a month, and the trial court may consider cancelling the non‑bailable warrant.
Summary
Manoj Kumar Pandey filed an application under Section 528 of the Criminal Procedure Code seeking to quash the proceedings arising from a criminal complaint under Section 138 of the Negotiable Instruments Act, including a non‑bailable warrant issued against him. The applicant expressed willingness to appear before the trial court but requested protection from coercive action. The State, represented by the Advocate General, raised no objection to granting such protection. The High Court disposed of the application, directing that no coercive action be taken for one month from the order or until the applicant files an application for cancellation of the warrant, whichever is earlier. The trial court was instructed to consider and dispose of any such cancellation application in accordance with law.
Issues considered
- Can a protective order under Section 528 CrPC be granted to stay coercive action in a case under Section 138 NI Act?
- Whether the non‑bailable warrant issued in the underlying case can be stayed or cancelled pending the applicant's appearance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- protective order
- Section 528 CrPC
- non‑bailable warrant
- Section 138 Negotiable Instruments Act
- stay of proceedings
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41033 of 2026
Manoj Kumar Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Prakash Yadav, Krishna Nand
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Sri Krishna Nand Yadav, learned counsel for the applicant
and learned A.G.A. for the State.
2. The instant application has been preferred with a prayer to quash
the entire proceedings arising out of Criminal Complaint No. 3612 of
2022 (Manoj Kumar Soni Versus Manoj Kumar Pandey) under
section 138 Negotiable Instrument Act, 1881 including cognizance
and summon order dated 18.12.2023 passed by the Chief Judicial
Magistrate Siddharth Nagar as well as non bailable warrant (N.B.W.)
dated 21.05.2025 issued by Civil Judge (Junior Division) Siddharth
Nagar pending in the court of Additional Civil Judge (Junior
Division)/Judicial Magistrate Court No. 2, Siddharth Nagar.
3. Learned counsel for the applicant apprised the Court that NBW has
been issued against the applicant vide order dated 21.05.2025
passed by learned trial court. He further submits that the applicant is
not willing to abscond from the trial of the aforesaid case and is ready
to appear before the learned trial court concerned to face trial,
however, he prays for some protection.
4. Learned A.G.A. has no objection if some protection is granted to
the applicant as he is 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 applicant appears before the concerned learned trial court
and moves an appropriate application for cancellation of non bailable
warrant, within one month 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
NA528 No. 41033 of 2026
2
copy of this order or till the applicant appears before the learned trial
court and files an application for cancellation of non bailable warrant,
whichever is earlier, no coercive action shall be taken against the
applicant, however, in case of default, the learned trial court is at
liberty to proceed against the applicant.
(Prashant Mishra-I,J.)
October 1, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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