MAHI AUTO SALES AND SERVICE THRU. PROPRICTOR KAVANPREET SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/9010/2025 · 2025-10-17
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195074 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195074 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9010 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 summoning order dated 24.05.2023 in Complaint Case No.49 of 2023, (Maa Katyayni Stationers and Electrostate through Proprietor Sandeep Kumar Mishra vs. Mahi Auto Sales and Service through Proprietor Kavanpreet Singh) under Section 138 N.I. Act, Police Station Sidhauli, District Sitapur pending before Additional, Court No.7, Sitapur with a further prayer to stay the proceedings in respect of the aforesaid case. 3. Learned counsel for the applicant submitted that non-bailable warrant has been issued agaisnt the applicant on 05.05.2025 but the applicant has no knowledge about the same. 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 Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings. 5. 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 Versus Counsel for Applicant(s) : Ravi Shankar Mishra Counsel for Opposite Party(s) : G.A. Mahi Auto Sales And Service Thru. Proprietor Kavanpreet Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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. 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. October 17, 2025 Pks A482 No. 9010 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench