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2025 DAILYLAW 186109 (ALL)

RAMESH CHANDRA SAINI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/8934/2025 · 2025-12-05

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8934 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Affidavit of service filed today is taken on record. Office has reported that service has been effected on opposite party no.2 through his daughter-in-law, but none has appeared today. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application has been filed with a prayer to quash the impugned order dated 2.6.2025 passed by the court below in Complaint Case no.15219 of 2010 under Section 138 of N.I. Act, Police Station Mahanagar, District Lucknow, with a further prayer to stay further proceedings of Complaint Case no.15219 of 2010 and Case no.193 of 2013 under Section 138 of N.I. Act, Police Station Mahanagar, District Lucknow till disposal of the instant petition. 4. After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He has 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. 5. A perusal of the impugned complaint and the order dated 2.6.2025 does Versus Counsel for Applicant(s) : Suresh Chandra Verma, Praveen Kumar Singh, Shailesh Kumar, Vibhav Verma Counsel for Opposite Party(s) : G.A. Ramesh Chandra Saini .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 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, be 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 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 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. December 5, 2025 Sachin A482 No. 8934 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench