RAHUL VERMA v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. SECTT. LKO. AND ANOTHER
A482/9395/2025 · 2025-11-10
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199694 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9395 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant as well as Sri Rao Narendra Singh, learned A.G.A.-I for the State-opposite party no.1. 2. The present application has been filed seeking quashing of the entire proceedings of Complaint Case No.2236 fo 2022, Mahendra Kumar Vs. Rahul Verma, under Section-138 of Negotiable Instruments Act, Police Station Fatehpur, District Barabanki as well as the summoning order dated 13.12.2022 passed by the Additional Chief Judicial Magistrate, Court No.19, Barabanki. 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 a chance of mediation between the parties. 4. A perusal of the impugned complaint and the summoning order it 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 applicant to appear before the Magistrate and pray for compounding the case in accordance with the Versus Counsel for Applicant(s) : Kaushal Kishore Tewari, Shakti Counsel for Opposite Party(s) : G.A. Rahul Verma .....Applicant(s) State Of U.P. Thru. Its Secy. Home Deptt. Sectt. Lko. And Another .....Opposite Party(s)
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 her 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. Subject to above noted terms, application is disposed of. November 10, 2025 Rao/- A482 No. 9395 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench