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2025 DAILYLAW 198777 (ALL)

M/S GC ENTERPRISES THRU. ITS AUTH. SIGNATORY GIRISH JOSHI AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND 2 OTHERS

A482/10955/2025 · 2025-12-19

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10955 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application has been filed with the following main relief: "For the facts, reasons and circumstances given in the present application supported by an affidavit, it will be in the interest of justice that this Hon'ble Court may kindly be pleased to quash the Summoning order dated 25/11/2024 passed by Learned Presiding Officer Additional Court No. 07 Lucknow in Case no. 18566/2023 inre: M/s Hindukush Bioproducts Pvt. Ltd. Vs M/s G.C. Enterprises and others as well as Order dated 02/02/2023 by which Learned Additional Chief Judicial Magistrate-6 Court No. 30 Lucknow has condoned delay for filing complaint under section 138 of The Negotiable Instruments Act 1881 and the entire proceedings of Case No. 18566/2023 inre: M/s Hindukush Bioproducts Pvt. Ltd. Vs M/s G.C. Enterprises and others P.S. Hazratganj pending before Learned Additional Court No. 07 Lucknow, in the interest of justice, otherwise the applicant shall suffer irreparable loss. 3. After arguing at some length, learned counsel for the applicants 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 Versus Counsel for Applicant(s) : Bheem Sen Verma, Anil Kumar Tiwari Counsel for Opposite Party(s) : G.A. M/S Gc Enterprises Thru. Its Auth. Signatory Girish Joshi And Another .....Applicant(s) The State Of U.P. Thru. Prin. Secy. (Home) Lko. And 2 Others .....Opposite Party(s) 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. 5. It will, however, be open to the applicants 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 applicants appear 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 applicants in respect of the aforesaid case. 7. The application is disposed of in terms of the aforesaid orders. December 19, 2025 A.Nigam A482 No. 10955 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench