The Supreme Court on Thursday restored a cheque bounce complaint that had been dismissed for default by a trial court in Ghaziabad, holding that the High Court was wrong in refusing to revive the case. The bench said the matter deserved to be heard on merits, especially when the complainant was only seeking restoration and not any final relief at this stage.
The ruling came in a criminal appeal filed by Yatendra Singh, who had approached the top court after repeated refusals by lower courts to reopen his complaint under the Negotiable Instruments Act.
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Background of the Case
The dispute traces back to Complaint Case No. 1125 of 2022, filed under Section 138 of the Negotiable Instruments Act, which deals with cheque dishonour cases. The complaint was pending before the Additional Court No. 2 in Ghaziabad.
On March 3, 2023, the trial court dismissed the complaint for default, meaning it was closed because of non-appearance or procedural lapse rather than on merits. Singh later sought restoration of the case, arguing that the dismissal had shut the doors of justice without examining the substance of his claim.
However, his plea did not find favour. On September 24, 2025, the Allahabad High Court declined to interfere and upheld the trial court’s order. Left with no remedy, Singh moved the Supreme Court.
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Proceedings Before the Supreme Court
A bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan heard the appeal. Counsel for the appellant stressed that the request was limited - the complainant only wanted his case restored so that it could be decided lawfully.
The court noted that it had heard both sides and examined the material placed on record. The judges made it clear that they were not deciding the merits of the cheque bounce allegation at this stage.
“All that the appellant is seeking in this appeal is for restoration of the complaint,” the bench recorded, pointing out that the dismissal was purely for default.
Court’s Observations
The bench took a firm view on the approach adopted by the High Court. Emphasising fairness in criminal proceedings, the judges observed that procedural lapses should not defeat substantive justice, particularly when no irreversible prejudice is caused to the opposite party.
“Having regard to the submissions advanced at the bar and also bearing in mind the interest of justice, we find that the High Court was not right in declining to interfere,” the court observed.
The Supreme Court underlined that shutting out a complaint without a hearing should be an exception, not the rule, especially in matters involving statutory remedies like cheque dishonour cases.
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The Decision
Allowing the appeal, the Supreme Court set aside both the High Court’s order dated September 24, 2025, and the trial court’s dismissal order dated March 3, 2023.
The bench directed that Complaint Case No. 1125 of 2022 be restored to the file of the Additional Court No. 2, Ghaziabad, where it will now proceed in accordance with law.
With this, the criminal appeal was disposed of. All pending applications, if any, were also closed. The judgment was pronounced in New Delhi on January 30, 2026.
Case Title: Yatendra Singh vs State of Uttar Pradesh & Another
Case No.: Criminal Appeal arising out of SLP (Crl.) No. 1205 of 2026
Decision Date: January 30, 2026
