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2025 DAILYLAW 202745 (ALL)

SMT. ANUPAMA SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/8865/2025 · 2025-10-28

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8865 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application has been filed with the following main relief: "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to QUASH the summoning order dated 22.01.2020 passed by the Learned Additional Court Room No-1 as well as the entire proceedings of Complain Case No. 5820/2019, under section-138 read with 142 NI Act P.S- Gomti Nagar, District Lucknow. At present pending before the court of Additional Court No-11 (N.I. Act), Lucknow, titled as Complain Case No. 5820/2019, Shivendra Nath Mishra Vs Smt. Anupama Srivastava, as contained in Annexure no. 1 & 2 to this petition." 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 of Versus Counsel for Applicant(s) : Brijesh Kumar Shukla, Amit Kumar Gaur, Neelam Shukla Counsel for Opposite Party(s) : G.A. Smt. Anupama Srivastava .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 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 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. The application is disposed of in terms of the aforesaid orders. October 28, 2025 Sachin A482 No. 8865 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench