Neutral Citation No. - 2025:AHC:47492 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7280 of 2025 Applicant :- Bajranglal Hariram Tibrewala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saushthav Guha,Subir Lal,Swetashwa Agarwal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed is taken on record. 2. Heard Sri Subir Lal, learned counsel for the applicant and learned AGA for the State. 3. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceedings of Complaint Case No. 288 of 2023, (Ram Narayan Yadav vs. Bajranglal Hariram Trbrewala), under Section 138 of the N.I. Act, Police Station Meerganj, District Jaunpur, pending in the court of learned A.C.J.M. IVth, Jaunpur. 4. The Court entertained the present application on 12.3.2025 while passing the following order:- "1. Heard Sri Swetashwa Agarwal, learned counsel for the applicant and Sri Sandeep Chaudhary, learned A.G.A. for the State. 2. The instant application has been filed seeking quashing of the entire proceeding of complaint case No. 288 of 2023, under Section 138 N.I. Act, P.S. Meerganj, District Jaunpur along with summoning order dated 23.5.2024 as well as consequential order dated 27.8.2024. 3. Contention of learned counsel for the applicant is that it is not in dispute that in the complaint the date of service has not been mentioned and only the date of registered post i.e. 13.6.2023 has been mentioned. Even if it is presumed that notice would have been served within ten days as per the law laid down by this Court in the case of Rajendra vs. State of U.P. and another; Application u/s 482 No. 45953 of 2023, even then the cause of action would arise on 8.7.2023 and the complaint could have been filed by 7.8.2023, but the complaint has been filed on 17.8.2023. Even otherwise from the perusal of the tracking report, it appears that the registered post was delivered in Lucknow on 16.8.2023 and not at the address of the applicant in Gujarat, but the court below has recorded the finding that notice has been served on 16.8.2023. Even otherwise, while condoning the delay, the court below has not given any reasoning. 4. Per contra, learned A.G.A. has raised preliminary objection that the tracking report itself is incomplete as it does not show as to when the registered post has been delivered at the address of the applicant in Gujarat. 5. Learned counsel for the applicant seeks time to file certified copy of the complete tracking report, filed before the court below. 6. Put up in the week commencing 1.4.2025 as fresh. 7. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case." 5. Today attention has been drawn towards Annexure-SA-1 page 8 relevant extract at page 33 of the paper book that a compromise has been entered into between the parties with relation to Complaint Case No. 288 of 2023, under Section 138 N.I. Act, P.S. Meerganj, District Jaunpur out of the court on 12.3.2025. 6. Learned counsel for the applicant submits that in view of the subsequent development so occurred now the applicant shall be moving an appropriate application along with the compromise application and also while preferring proceeding under Section 147 of the N.I. Act. 7. Learned AGA has no objection to the same. 8. Considering the submission so made across the bar, the application stands disposed of. The applicant is directed to prefer an appropriate application of compounding along with the compromise/settlement dated 12.3.2025 by 25.4.2025. On the filing of the said application, the court concerned shall take appropriate proceeding for verification/compounding and the same be concluded within a period of two months thereafter. 9. Till the verification is done, no coercive action shall be taken against the applicant in Complaint Case No. 288 of 2023, (Ram Narayan Yadav vs. Bajranglal Hariram Trbrewala), under Section 138 of the N.I. Act, Police Station Meerganj, District Jaunpur, pending in the court of learned A.C.J.M. IVth, Jaunpur. 10. Learned counsel for the applicant submits that the Court before which the said proceedings are to be undertaken is lying vacant. 11. In the opinion of the Court it is always open for the applicant to move an appropriate application before the concerned Judicial Officer. Order Date :- 4.4.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad