Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 181250 (ALL)

M/S OM SAI TRADERS, THRU. ITS PROPRIETOR SHRI RAJENDRA KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/10160/2025 · 2025-12-02

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10160 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application has been filed with a prayer to quash the impugned summoning order dated 15.07.2022, passed by the Presiding Officer, Additional Court No. 10, Lucknow in Complaint Case No. 81487 of 2021, M/s Kama Trading Agency Vs. M/s Om Sai Traders, under Section 138 of Negotiable Instruments Act. Further prayer is to quash the entire criminal proceedings arising out of Complaint Case No. 81487 of 2021. 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 chance of mediation between the parties. 4. A perusal of the impugned complaint and the summoning order 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) : Anshuman Singh, Vipul Singh Counsel for Opposite Party(s) : G.A. M/S Om Sai Traders, Thru. Its Proprietor Shri Rajendra Kumar .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. 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. The application is disposed of in terms of the aforesaid orders. December 2, 2025 Mohit Singh/- A482 No. 10160 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench