CRIMINAL MISC. APPLICATION U/S 419 BNSS No. 56 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 419 BNSS No. - 56 of 2026 Shobharam Yadav .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Kunwar Ajay Singh Counsel for Opposite Party(s) : G.A., Mohd Haider Court No. - 90 HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. P.K. Singh, learned Senior Advocate, assisted by Mr. Kunwar Ajay Singh, learned counsel for the appellant, learned A.G.A. for the State/O.P. No. 1 and Mohd. Haider, learned counsel for O.P. No. 2. Perused the record. 2. The present criminal appeal has been preferred against the judgment and order dated 09.01.2026 passed by the learned Judicial Magistrate, Court No. 2, Prayagraj, whereby Complaint Case No. 41 of 2018, filed by the appellant under Section 138 of the N.I. Act, P.S. Nawabganj, District Prayagraj, has been rejected on the ground that the impugned complaint was filed prematurely. 3. Learned Senior Advocate appearing for the appellant urged that, in paragraph Nos. 8 and 9 of the judgment in Gajanand Burange v. Laxmi Chand Goyal, 2022 0 Supreme (SC) 1098, and in paragraph No. 42 of Yogendra Pratap Singh v. Savitri Pandey and another, 2014