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2025 DAILYLAW 27164 (ALL)

KAMAL KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NA528/8196/2025 · 2025-08-13

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139332 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8196 of 2025 Applicant :- Kamal Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar,Brij Raj Counsel for Opposite Party :- Ramesh Kumar Shukla,G.A. Hon'ble Vikas Budhwar,J. 1. Sri Brij Raj, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the impugned order dated 14.08.2024 (Annexure No.-1) passed by Presiding officer, Additional Court, Aligarh, in complaint case no.- 307 of 2024 (Punjab National Bank through Manager Mohd. Nehaluddin Vs Kamal Kumar Singh), under section 138 of Negotiable Instrument Act, 1881, 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. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 11.09.2025 and 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). 4. Till the application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No.- 307 of 2024 (Punjab National Bank through Manager Mohd. Nehaluddin Vs Kamal Kumar Singh), District- Aligarh, under section 138 of Negotiable Instruments Act 1881, pending in the Court of Presiding officer, Additional Court, Aligarh. 5. The protection accorded to the applicant 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 :- 14.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad