MAHAGUN INDIA PVT. AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7146/2025 · 2025-07-28
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25795 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25795 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:125165 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7146 of 2025 Applicant :- Mahagun India Pvt. And 5 others Opposite Party :- State of U.P. and another Counsel for Applicant :- Imran Ullah, Mohammad Khalid Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Second supplementary affidavit filed today is taken on record.
2. Sri Mohd. Khalid, learned counsel for the applicants, on instructions, submits that though the application has been preferred to quash the summoning order dated 07.03.2024 as well as the entire proceedings of complaint case No. 40/2024 (Mukesh Sharma through Abhijit Panju vs. Mahagun India Pvt. Ltd.), pending before the Additional Civil Judge (Jr.Div.I), Gautam Budh Nagar, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S. Prabhu Vs Sayed Babalal AIR 2010 SC 1907.
3. Learned A.G.A. has no objection to the same.
4. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicants to prefer appropriate application for compounding under Section 147 of N.I. Act by 14.08.2025 and the court below shall decide the same then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S. Prabhu (supra).
5. Till the application is decided, no coercive action shall be taken against the applicants with respect to summoning order dated
07.03.2024 as well as the entire proceedings of complaint case No. 40/2024 (Mukesh Sharma through Abhijit Panju vs. Mahagun India Pvt. Ltd.), pending before the Additional Civil Judge (Jr.Div.I), Gautam Budh Nagar.
6. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 29.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad