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2025 DAILYLAW 17276 (ALL)

REKHA SHARMA v. STATE OF U.P. AND ANOTHER

NA528/4236/2025 · 2025-05-01

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69788 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4236 of 2025 Applicant :- Rekha Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kant Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Shashi Kant Sharma, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the entire criminal proceeding of Complaint Case No.8576 of 2024, Suvidhaa Microfin Partnership Firm Vs. Rekha Sharma u/s 138, Negotiable Instrument Act, Police Station: Sector- 63, District: Gautam Buddh Nagar, pending before the Additional Civil Judge (J.D.) IIIrd, 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 applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 09.05.2025 and on the submission of the same, the court below shall decide the same within 45 days 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). 4. Till application be decided i.e., 45 days, no coercive action shall be taken against the applicant with respect to summoning order dated 22.10.2024 passed by Additional Civil Judge (J.D.) IIIrd, Gautam Buddh Nagar in Complaint Case No.8576 of 2024, Suvidhaa Microfin Partnership Firm Vs. Rekha Sharma u/s 138, Negotiable Instrument Act, Police Station: Sector-63, 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 :- 2.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad