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Neutral Citation No. - 2025:AHC:70515 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4307 of 2025 Applicant :- Rajvir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kaushik Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Vijay Kumar Rai (AOR No. A/V 0158/12) holding brief of Sri Deepak Kaushik learned counsel for the applicant and Sri S.K. Singh, learned A.G.A. for the State.
2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the summoning order 18.08.2020 passed by Additional Judge/ Special Court N.I. Act Muzaffarnagar in case no. 2094 of 2020 (Atul vs. Rajvir) under Section 138 of N.I. Act, P.S. Bhopa District Muzaffarnagar, 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.
3. Learned A.G.A. has no objection to the same.
4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 9.05.2025 and the same shall be decided with most expedition preferably within a period of 45 days in terms of the judgment passed in Damodar S Prabhu (supra).
5. Till application is decided, no coercive action shall be taken against the applicant with respect to summoning order 18.08.2020 passed by Additional Judge/ Special Court N.I. Act Muzaffarnagar in case no. 2094 of 2020 (Atul vs. Rajvir) under Section 138 of N.I. Act, P.S. Bhopa District Muzaffarnagar.
6. The protection accorded to the applicant is only available subject to compliance of 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 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad