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2025 DAILYLAW 185140 (ALL)

UMESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9279/2025 · 2025-11-07

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9279 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Vakalatnama filed by Shri Ajay Kumar Singh and Ms. AStha Singh, learned counsel for the opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for opposite party no.2 and perused the record. 3. This application U/S 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding including summoning order dated 30.10.2023, passed by III- Additional Chief Judicial Magistrate, Raebareli in Criminal Complaint Case No.16990 of 2023 (Raj Kumar Singh vs. Umesh Kumar) under Section 138 of Negotiable Instrument Act, 1881, Police Station Deeh, District Lucknow as well as the criminal complaint dated 20.06.2023. 4. After arguing at some length, learned counsel for the applicant does not want to press this petition on merits. He 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 which is also not opposed by counsel for opposite party no.2. 5. 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 Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings. 6. It will, however, open to the applicant to appear before the Magistrate and pray for compounding the case in accordance with 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 Versus Counsel for Applicant(s) : Bisunbablu Mishra Counsel for Opposite Party(s) : G.A. Umesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) from the date 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 him under the law. 7. For a period of three months, no coercive steps shall be adopted against the applicant in respect of the aforesaid case. 8. The application is disposed of in terms of the aforesaid orders. November 7, 2025 Pks A482 No. 9279 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench