Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77222 Court No. - 73 Case :- APPLICATION U/S 482 No. - 40411 of 2024 Applicant :- Indira Malhotra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant and learned A.G.A. for the State.
2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the impugned order dated 13.05.2024 passed by Additional Session Judge, FTC-3 Muzaffar Nagar in criminal Revision No. 246 of 2023 (Indira Malhotra vs. State of U.P. and other) and order dated 02.07.2022 passed by Addtional Magistrate, Muzaffar Nagar along with complaint case no. 3857 of 2021 under Section 138 of the N.I. Act, Police Station Purkaji District Muzaffar 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.
3. Learned A.G.A. has no objection to the same.
4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 30.05.2025 and the same shall be decided with most expedition in terms of the judgment passed in Damodar S Prabhu (supra).
5. Till application is decided, no coercive action shall be taken against the applicant in the entire proceeding of impugned order dated 13.05.2024 passed by Additional Session Judge, FTC-3 Muzaffar Nagar in criminal Revision No. 246 of 2023 (Indira Malhotra vs. State of U.P. and other) and order dated 02.07.2022 passed by Addtional Magistrate, Muzaffar Nagar along with complaint case no. 3857 of 2021 under Section 138 of the N.I. Act, Police Station Purkaji District Muzaffar Nagar.
6. The protection accorded to the applicant is only available subject to compliance of 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 :- 12.5.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad