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Neutral Citation No. - 2025:AHC:61056 Court No. - 73 Case :- APPLICATION U/S 482 No. - 43992 of 2024 Applicant :- Sudha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhupesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Vikram Kumar (AOR No.A/V0490/2024), holding brief of Sri Bhupesh Kumar Singh, learned counsel for the applicant on instructions submits that though the application has been preferred to quash the summoning order dated 23.8.2024 passed by Additional Chief Judicial Magistrate-IInd, Gorakhpur and summoned the applicant under Section 138 of the Netotiable Instrument Act, Police Station Badhalganj, District Gorakhpur in Complaint Case No.25856 of 2022 (Satyendra Singh Vs. Sudha) pending in the court of Additional Chief Judicial Magistrate-IInd, Gorakkhpur 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 proceeding for compounding under Section 147 of N.I. Act and in case such proceeding is preferred before the court concerned, 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).
Order Date :- 23.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad