Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 176992 (ALL)

SMT. NEETU YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, LKO. AND ANOTHER

/4998/2023 · 2025-11-19

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4998 of 2023 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as well as Sri Rao Narendra Singh, learned A.G.A.-I for the State-opposite party no.1 and Sri Amit Kumar Singh, learned counsel appearing on behalf of opposite party no.2. 2. The present application has been filed seeking quashing of the order dated 25.04.2023 passed by the Sessions Judge, Ambedkar Nagar in Criminal Revision No.241 of 2022 and the order dated 19.01.2021 passed by the Judicial Magistrate, Ambedkar Nagar, whereby the applicants have been summoned under Section 138 of Negotiable Instruments Act in Complaint Case No.7114 fo 2021, Satish Kumar Vs. Neetu Yadav. 3. After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He has further submitted that the applicant is ready to cooperate in the proceedings and will appear before the trial court within three weeks from today. It is submitted that there is a chance of mediation between the parties. 4. A perusal of the impugned complaint and the summoning order it does not disclose any such manifest illegality or jurisdictional error or an abuse of process of Court so as to call for interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. It is a case under Section 138 of Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings. Versus Counsel for Applicant(s) : Hari Shanker Tewari Counsel for Opposite Party(s) : G.A., Amit Kumar Singh Smt. Neetu Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another .....Opposite Party(s) 5. It will, however, be open to the applicant to appear before the Magistrate and pray for compounding the case in accordance with the principles laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663. In case, the applicant appears before the Magistrate within three weeks from today through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of the application in accordance with law within three months bearing in mind the relevant directions in Damodar S. Prabhu (supra) after providing opportunity of hearing to all parties concerned. If the orders made do not work to bring proceedings to an end in accordance with law, the trial shall proceed and brought to its logical conclusion, where the applicant will have all defence open to her under the law. 6. For a period of three months, no coercive steps shall be adopted against the applicant in respect of the aforesaid case. 7. Subject to above noted terms, application is disposed of. November 19, 2025 Rao/- A482 No. 4998 of 2023 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench