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Neutral Citation No. - 2025:AHC:111624 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40136 of 2024 Applicant :- Mahendra Palecha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Sharma,Saket Kumar Mishra,Upendra Malviya Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Mr. Upendra Malviya, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the proceedings arising out of Session Trial No. 49579 of 2023 along with Summoning Order dated 03.07.2023 and Order (Bailable warrant) dated 01/11/2023 passed by the Civil Judge Junior Division F.T.C. Kanpur, under Section 138 N.I. Act. read with Section 142, P.S. Jajmau, Kanpur Nagar, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907.
2. Learned A.G.A. has no objection to the same.
3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 28.07.2025, this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the
judgment passed in Damodar S Prabhu (supra).
4. Till application is decided of 45 days, no coercive action shall be taken against the applicant with respect to Session Trial No. 49579 of 2023 along with Summoning Order dated 03.07.2023 and
Order (Bailable warrant) dated 01/11/2023 passed by the Civil Judge Junior Division F.T.C. Kanpur, under Section 138 N.I. Act. read with Section 142, P.S. Jajmau, Kanpur Nagar.
5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.
Order Date :- 11.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad