M/S KANTA AGRITECH ENTERPRISES THRU. PROPRIETOR RAMDEV SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/10747/2025 · 2025-12-18
Brij Raj Singh
body2025
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[ 2025 DAILYLAW 203417 (ALL) · dailylaw.ai ]
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10747 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 U/S 528, B.N.S.S. (Old Section 482 Cr.P.C.) has been filed mainly with a prayer to quash the entire proceeding of Complaint Case No. 1371 of 2016; M/s Sanskar Enterprises Vs. M/s Kanta Agritech Enterprises, Under Section 138 of The Negotiable Instruments Act, 1881, Police Station: Bazar Khala, District: Lucknow pending in the court of Learned Additional Court, Court No. 6, Lucknow as well as the summoning order dated 16.01.2017 and non bailable warrant order dated 04.06.2025 passed by Learned Additional Court, Court No. 6, Lucknow (contained as Annexure No. 1, 2 & 3). 3. After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He submitted that non-bailable warrant has been issued on 04.06.2025 and he had no knowledge that is why he could not appear before the trial court. 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 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 Versus Counsel for Applicant(s) : Amrit Kumar Tiwari Counsel for Opposite Party(s) : G.A. M/S Kanta Agritech Enterprises Thru. Proprietor Ramdev Singh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home 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 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 18, 2025 A.Nigam A482 No. 10747 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench