Allahabad High Court
MOHAMMAD SHARIFversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court declined to quash the order and instead directed the applicant to pay the interim compensation within a month, disposing of the application.
Summary
The applicant, Mohammad Sharif, filed a Section 528 application in the Allahabad High Court seeking to quash an order dated 26 June 2025 passed by the Additional Court (NI Act), Aligarh, in a complaint under Section 138 of the Negotiable Instruments Act (Smt. Guddo Devi v. Mohammad Sharif). The applicant asserted readiness to pay the interim compensation awarded by the trial court and argued that the order should be set aside. The opposite party did not contest the applicant's willingness to pay. The court directed the applicant to deposit the interim compensation within one month and held that no coercive action could be taken against him during that period. It further warned that failure to pay would result in the vacating of the protection granted, and consequently disposed of the application.
Issues considered
- Whether the order of the Additional Court under Section 138 NI Act can be quashed under Section 528 of the NI Act.
- Whether the applicant must deposit the interim compensation before any protection can be granted.
- Whether coercive action can be stayed pending payment of interim compensation.
Legislation cited
- Negotiable Instruments Act — s. 138, 143(A), 528
Subjects
- Negotiable Instruments Act
- Section 138
- Section 528
- interim compensation
- quash order
- coercive action
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51537 of 2025
Mohammad Sharif
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Pandey
Counsel for Opposite Party(s) : G.A., Mohd Zubair, Rishi
Kesh Malviya
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant, learned counsel for
opposite party No.2 and learned A.G.A. for the State.
2. The present 528 B.N.S.S. application has been filed to quash
the order dated 26.6.2025 passed by Additional Court(N.I.
Act), Aligarh in Complaint Case No. 43928 of 2022(Smt.
Guddo Devi vs. Mohammad Sharif) under Section 138 N.I.
Act, Police Station Jawan, District Aligarh pending in the
Court of Additional Court(N.I. Act) Aligarh.
3. Applicant has challenged the order dated 26.6.2025 passed
in the proceeding under Section 143(A) of N.I. Act. Learned
counsel for the applicant submits that the applicant is ready to
pay the amount of interim compensation granted by the trial
court.
4. Learned counsel appearing for opposite party No.2 has not
disputed the submission made by learned counsel for the
applicant.
5. In view of above, the applicant is hereby directed to pay the
interim compensation amount within one month. Till then, no
coercive action shall be take against the applicant in the
aforesaid case. If applicant does not deposit amount within one
NA528 No. 51537 of 2025
2
month, the court shall proceed against the applicant, protection
granted to the applicant shall be deemed to be vacated.
6. With above direction, the instant application is disposed of.
April 20, 2026
P.P.
(Deepak Verma,J.)
Digitally signed by :-
POONAM PATEL
High Court of Judicature at Allahabad
Checking your session…