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2025 DAILYLAW 105444 (ALL)

KAMLESH YADAV v. State of U.P. AND ANOTHER

A482/36599/2024 · 2025-03-17

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39534 Court No. - 73 Case :- APPLICATION U/S 482 No. - 36599 of 2024 Applicant :- Kamlesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav,Prem Shankar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prem Shankar, learned counsel for the applicant as well as Sri B.S. Kushwaha, learned AGA for the State. 2. This is an application under Section 482 Cr.P.C. for quashing the entire proceeding of the Complaint Case No.109993 of 2021, (Parashuram Yadav v. Kamlesh Yadav), under Section 138 N.I. Act, Police Station Cantt, District Gorakhpur as well as summoning order dated 11.04.2022 passed by learned Additional Civil Judge (S.D.), Second/A.C.J.M. Gorakhpur against the applicant, pending in the Court of Additional Civil Judge (J.D.), Court No.1, Gorakhpur. 3. Learned counsel for the applicant submits that though a cheque of Rs.7,70,000/- was drawn in favour of the opposite party no.2 but the same stood dishounored. However, learned counsel for the applicant submits that applicant shall be filing an application for compounding of the offence under Section 147 of the N.I. Act. 4. Learned AGA is not having any objection to the same. 5. Considering the submission so made across the bar, the application stands disposed of granting liberty to the applicant to take recourse of the legal remedy as provided under Section 147 of the N.I. Act which is applicable in case such proceedings are initiated, this Court has no reasons to disbelieve that the same shall be given logical conclusion. Order Date :- 18.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad