FARHAN KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND ANOTHER
NA528/1512/2025 · 2025-10-30
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185841 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185841 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1512 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with a prayer to quash the order dated 20.1.2025 in Case No.42 of 2025, (Shriram Transport Finance Co. Ltd., vs. Farhan Khan) under Section 138 N.I. Act, Police Station Kotwali Sadar, District Lakhimpur Kheri, pending before ACJM,Court No.2, Lakhimpur Kheri with a further prayer to stay the proceedings in respect of the aforesaid case. 3. 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. 4. 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 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 Versus Counsel for Applicant(s) : Ajeet Kumar Mishra Counsel for Opposite Party(s) : G.A. Farhan Khan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another .....Opposite Party(s)
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. 5. For a period of three months, no coercive steps shall be adopted against the applicant in respect of the aforesaid case. 6. The application is disposed of in terms of the aforesaid orders.
October 30, 2025 Pks NA528 No. 1512 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench