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2025 DAILYLAW 34184 (ALL)

SANJESH KUMAR v. STATE OF U.P. AND ANOTHER

NA528/10090/2025 · 2025-08-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130661 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10090 of 2025 Applicant :- Sanjesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Mr. Akash Dwivedi, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the summoning order dated 14.8.2024 passed by the Additional Chief Judicial Magistrate, Court No.19, Deoria in Case No.7671 of 2024: Omprakash Vs. M/s B.N. Enterprises and another, under section 138 of Negotiable Instrument (N.I.) Act, at Station Baghauchghat, District Deoria, 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 reported in AIR 2010 SC 1907. 2. Shri S.P. Singh, learned State Law Officer 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 21.08.2025, 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). 4. Till application is decided, no coercive action shall be taken against the applicant with respect to the summoning order dated 14.8.2024 passed by the Additional Chief Judicial Magistrate, Court No.19, Deoria in Case No.7671 of 2024: Omprakash Vs. M/s B.N. Enterprises and another, under section 138 of Negotiable Instrument (N.I.) Act, at Station Baghauchghat, District Deoria. 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 :- 4.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad