Allahabad High Court
Harnarayan Soni Alias Harnarayan Singh vs State Of U.P. And Another on 19 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:171361
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34564 of 2025 (Leading Application)
Harnarayan Soni Alias Harnarayan Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rafeek Ahmad Khan
Counsel for Opposite Party(s)
:
Veer Kumar, Vijay Vikram Singh, G.A.
WITH
APPLICATION U/S 528 BNSS No. - 34705 of 2025 (Connected C-1 Application)
Harnarayan Soni @ Harnarayan Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rafeek Ahmad Khan
Counsel for Opposite Party(s)
:
Veer Kumar, Vijay Vikram Singh, G.A.
WITH
APPLICATION U/S 528 BNSS No. - 34898 of 2025 (Connected C-2 Application)
Harnarayan Soni Alias Harnarayan Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rafeek Ahmad Khan
Counsel for Opposite Party(s)
:
Veer Kumar, Vijay Vikram Singh, G.A.
Court No. - 75
HON'BLE VIKAS BUDHWAR, J.
1. Heard Mr. Rafique Ahmad Khan, learned counsel for the applicant in the leading, connected C-1 and C-2 applications, Mr. Kripa Shankar, learned A.G.A. for the State and Mr. Veer Kumar, learned counsel for the opposite party no.2 complainant in leading, connected C-1 and C-2 applications.
2. A joint statement has been made by the parties that they do not propose to file any further affidavit and the application be decided at this stage on the basis of the documents available on records.
3. With the consent of the parties, the application is being decided at the fresh stage. 4. This is an application under Section 528 of BNS preferred by the applicant to quash the entire proceeding of Complaint Case No. 2297 of 2025 (Balli @ Balia Vs. Harnarayan Soni @ Harnarayan Singh) under Section 138 NI Act arising out of the summoning order dated 11.06.2025 pending in the court of learned Judicial Magistrate-I, Mahoba.
5. The case set out in the leading applicant is that a complaint was lodged on 19.04.2025 by the opposite party no.2 against the applicant under Section 138 of the NI Act with an allegation that the applicants herein had drawn a cheque bearing number 000008 dated 09.01.2025 of Rs. 50,000,00/- which on presentation in the bank came to be dishonored on 13.03.2025 followed by a statutory demand notice dated 28.03.2025 which came to be served upon the applicant on 02.04.2025 and a complaint on 19.04.2025 pursuant to the applicant came to be summoned under Section 138 of NI Act on 11.06.2025.
6. As regards the connected C-1 application is concerned, the complaint is of the same date, 19.04.2025 under Section 138 NI Act lodged by the opposite party no.2 against the applicant wherein the cheque is bearing number 000010 dated 09.01.2025 which came to be dishonored on 13.03.2025 followed by statutory demand notice dated 28.03.2025, which was served upon the applicant on 02.04.2025 complained on 19.04.2025 and the applicant came to be summoned under Section 138 of the NI Act on 11.06.2025.
7. As regards with respect to the connected C-2 application, the allegation is that on 19.04.2025 a complaint came to be lodged by the opposite party no.2 against applicant under Section 138 of the NI Act with an allegation that with respect to discharge of a liability a cheque bearing number 000009 came to be drawn dated 09.01.2025 which on presentation in the bank on 13.3.2025 came to be dishonored followed by statutory demand notice dated 28.03.2025 which is stated to have been served upon 02.04.2025 anda complaint on 19.04.2025 and the applicant came to be summoned on 11.06.2025.
8. Questioning the summoning orders in the leading, connected C-1 and connected C-2 applications the present applications have been preferred.
9. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason that the complaint herein in leading, connected C-1 and C-2 applications have been preferred post enforcement of BNSS, 2023 and thus in view of the provisions contained under first proviso to Sub-section 1 of Section 223 of the BNSS, the applicant ought to have been put to notice at pre-cognizance stage which apparently has not been done and in this regard reference has been made to para 12 of the leading, connected C-1 and C-2 applications. Reliance has also been placed upon the judgment passed by Co-ordinate Bench of this Court in Prateek Agarwal Vs. State of UP 24 SCC online Allahabad 8212. Learned counsel for the applicant submits that the summoning order be set aside and the matter be remitted back to the court below.
10. Learned A.G.A. Sri Veer Kumar who appears for the opposite party no.2 in the leading, connected C-1 and connected C-2 applications submits that with respect to the fact as to whether 223 of BNSS would apply or not he does not want to go into the said question and according to him the summoning order be said aside and the matter be remitted back to court below to pass a fresh order strictly in accordance with law.
11. Learned A.G.A. has accepted the argument of the learned counsel for the opposite party no.2.
12. I have heard the submissions so made across the Bar and perused the records carefully.
12. Apparently, the complaints were lodged on 19.04.2025 under Section 138 NI Act post enforcement of BNSS and there happens to be statement under Section 223 of the opposite party no.2 available on record.
13. Since it is the stand of counsel for the opposite party no.2 that the summoning order be set aside and the matter be remitted back to the court below. Thus the applications are being decided in the following manner.
(A) The summoning order dated 11.06.2025 passed by learned Judicial Magistrate-I, Mahoba in Complaint Case No. 2297 of 2025 (Balli @ Balia Vs. Harnarayan Soni @ Harnarayan Singh) under Section 138 NI Act in leading Application U/s 528 BNSS No.-34564 of 2025, summoning order dated 11.06.2025 passed by learned Judicial Magistrate-I, Mahoba in Complaint Case No. 2296 of 2025 (Balli @ Balia Vs. Harnarayan Soni @ Harnarayan Singh) under Section 138 NI Act in connected C-1 Application U/s 528 BNSS No.-34705 of 2025 and summoning order dated 11.06.2025 passed by learned Judicial Magistrate-I, Mahoba in Complaint Case No. 2295 of 2025 (Balli @ Balia Vs. Harnarayan Soni @ Harnarayan Singh) under Section 138 NI Act in connected C-2 Application U/s No.- 34898 of 2025 are set aside.
(B) The matters stand remitted back to the court below to pass a fresh order strictly in accordance with law.
(C) For facilitating early disposal, the parties shall furnish the certified copy of the order before the court below by 07th October, 2025 and the court below shall proceed to decide the said proceeding with most expedition.
14. Needless to point out that the Court has not adjudicated upon the merits of the cases.
15. Accordingly, the applications stand disposed of.
(Vikas Budhwar,J.)
September 19, 2025
Virendra
