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2025 DAILYLAW 199374 (ALL)

AMIT BARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. CIVIL SECTT. LKO. AND ANOTHER

/10276/2025 · 2025-12-08

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10276 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- opposite party no.1 and Sri Hari Govind Dubey, learned counsel who has filed power on behalf of opposite party no.2, which is taken on record. 2. This application has been filed seeking following main relief: "to allow this Application under 482 Cr.P.C. now U/s 528 BNSS, 2023 and quash the entire criminal proceedings of the Complaint case bearing 82651/2022 (CNR No. UPLK040990102022), U/s- 138 N.I. Act, 1881, (Aryan Yadav Versus Amit Bari), Police Station- Thakurganj, District- Lucknow, pending in the Additional Court (N.I. Act)- 4, Lucknow, District Lucknow, passed against the applicant in the interest of justice." 3. After arguing at some length, learned counsel for the applicant 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 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 Versus Counsel for Applicant(s) : Prabhat Kumar Mishra, Gyanendra Singh, Veerendra Kumar Counsel for Opposite Party(s) : G.A. Amit Bari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko. And Another .....Opposite Party(s) 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 applicant 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 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. 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. December 8, 2025 Mohit Singh/- A482 No. 10276 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench