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2025 DAILYLAW 14452 (ALL)

SANDEEP KUMAR ALIAS GUDDU v. STATE OF U.P. AND ANOTHER

A482/3434/2025 · 2025-04-24

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64127 Court No. - 73 Case :- APPLICATION U/S 482 No. - 3434 of 2025 Applicant :- Sandeep Kumar Alias Guddu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anees Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Shaista Noori, holding brief of Sri Anees Ahmad, learned counsel for the applicant on instructions submits that though the application has been preferred to quash the summoning order dated 2.9.2024 passed by the Judicial CO Magistrate, Nawabganj District Bareilly issued against the applicant in complaint case no.1796 of 2023 (Jakir Husain versus Sandeep Kumar @ Guddu) under section 138 Negotiable Instrument Act police station Nawabganj District Bareilly pending in the court of Judicial Magistrate, Nawabganj District Bareilly, however, she confines her 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 :- 25.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad