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2025 DAILYLAW 129858 (ALL)

SAGAR PENGORIYA @ SAGAR PAIGORIYA/JONEE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2547/2025 · 2025-03-25

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17033 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2547 of 2025 Applicant :- Sagar Pengoriya @ Sagar Paigoriya/Jonee Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Durga Prasad,Ravi Chakravarty Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. Heard learned counsel for the applicant, learned A.G.A. for the State/opposite party No.1 and perused the material on record. This application under Section 482 Cr.P.C. as well as 528 B.N.S.s. 2023 has been filed by the applicant for quashing the entire criminal proceedings of Complaint Case No. 127 of 2023 (Muggan Ali Vs. Sagar Paigoriya/Jonee) under Section 138 Negotiable Instruments Act, pending in the Court of Chief Judicial Magistrate, Kunda, District Pratapgarh and summoning order dated 08.06.2023 as well as N.B.W. order dated 04.02.2023 passed by C.J.M. Kunda, District Pratapgarh At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He further submits that the applicant is ready to settle the dispute in light of the judgement of the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H. 2010 (5) SCC 663. Considering the submissions made by learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused. However, so far as the last submission made by the counsel is concerned, in light of observations made by the Hon'ble Supreme Court in Damodar S. Prabhu (supra), it is directed that the applicant may appear before the court below within a period of two weeks from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved, the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the applicant within two weeks thereafter. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a period of eight weeks from today. If the decision of the Court given in light of the application does not conclude the proceedings against the applicant and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the applicant and take all necessary steps and measures to procure his attendance as the law permits. For a period of eight weeks or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the applicant. It is made clear that no application for extension of time shall be entertained if this order is not availed by the applicant within the stipulated period of time. With the aforesaid observations this application is disposed of. (Alok Mathur, J.) Order Date :- 25.3.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench