GAJENDRA PAL SINGH @ BABLU AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/40408/2024 · 2025-08-06
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108357 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108357 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:134003 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40408 of 2024 Applicant :- Gajendra Pal Singh @ Bablu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Mr. Rahul Shukla, learned counsel for the applicants, on instructions, submits that though the application has been preferred to quash the order dated 26.02.2021 passed by Judicial Magistrate, Gautam Buddh Nagar in complaint case No.1326/2020 (Jai Karan Versus Gajendra Pal Singh @ Bablu and another), under section 138 N.I. Act, Police Station Beeta-2, District Gautam Buddh 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 applicants to prefer appropriate application for compounding under Section 147 of N.I. Act by 21.08.2025, then 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, no coercive action shall be taken against the applicants with respect to order dated 26.02.2021 passed by Judicial Magistrate, Gautam Buddh Nagar in complaint case No.1326/2020 (Jai Karan Versus Gajendra Pal Singh @ Bablu
and another), under section 138 N.I. Act, Police Station Beeta-2, District Gautam Buddh Nagar.
5. The protection accorded to the applicants 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 :- 7.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad