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2025 DAILYLAW 26844 (ALL)

RAJESH v. STATE OF U.P. AND ANOTHER

NA528/8920/2025 · 2025-03-18

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39240 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8920 of 2025 Applicant :- Rajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Prasad,Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant and Sri Muniraj Mehrotra, learned AGA for the State. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the Summoning Order dated 8.10.2024 as well as entire proceedings of Criminal Complaint Case No.12457 of 2024, under Section 138 of the N.I. Act, Police Station Hari Parvat, District Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Agra. 3. Learned counsel for the applicant submits that though the cheques stood issued in favour of the opposite party no.2 on 13.5.2024 however, the same was dishonoured on 29.5.2024 and on 30.5.2024 notice was issued which was received by the applicant and thereafter the complaint stood filed, however, as per the instructions received by the applicant, the applicant shall be instituting proceedings under Section 147 of the N.I. Act for compounding of the offence. 4. Learned AGA has no objection to the same. 5. Considering the submission so made across the bar, the application stands disposed of granting liberty to the applicant to prefer an application for compounding of the offences under Section 147 of the N.I. Act and in case such an application is preferred, this court has no reason to disbelieve that the same shall be decided expeditiously in accordance with law without granting unnecessary adjournments and, in case, any adjournment is granted then the same should be in exceptional circumstances in this regard, subject to legal impediment, if any. Order Date :- 19.3.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad