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Allahabad High Court

SUFIYANversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court ordered issuance of fresh notice to opposite parties 2 and 3 and listed the case for fresh hearing.

Summary

The applicant filed an application under Section 528 of the Negotiable Instruments Act. The court noted that the service report for notice to opposite parties 2 and 3 had not been received. It directed that fresh notice be issued to those parties through the Chief Judicial Magistrate, Gorakhpur, to be returned within two weeks. The matter was ordered to be listed again for fresh hearing on 21 May 2026. No substantive merits were decided, only procedural directions were given.

Issues considered

  • Whether fresh notice must be issued to opposite parties 2 and 3 under Section 528
  • Whether the case should be listed for fresh hearing pending service of notice

Legislation cited

Subjects

  • Section 528
  • Negotiable Instruments Act
  • service of notice
  • procedural order
  • High Court of Allahabad

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 41447 of 2025

                                    Sufiyan
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 2 Others
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Ashok         Kumar   Srivastava,    Sabana
                                                                    Azami
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 79
                                                        HON'BLE CHAWAN PRAKASH, J.

                                    1. Case called out in revised list. Learned counsel for the applicant and
                                    learned A.G.A. for the State are present.

                                    2. Service report regarding service of notice upon opposite party nos. 2
                                    and 3 is still awaited.

                                    3. Issue fresh notice to opposite party nos. 2 and 3 through C.J.M.,
                                    Gorakhpur returnable within two weeks.

                                    4. Put up this case as fresh on 21.05.2026.



                                                                                          (Chawan Prakash,J.)
                                    April 30, 2026
                                    Rmk.




Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad


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