Neutral Citation No. - 2025:AHC:50698 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11463 of 2025 Applicant :- Smt. Sunita Tripathi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Dwivedi,Prashank Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri K.K. Dwivedi, learned counsel for the applicants and Sri Sandeep Srivastava, learned AGA for the State. 2. This application u/s 528 of BNSS has been filed for quashing the summoning order dated 01.04.2004 and the entire proceedings of Complaint Case No. 1305/2010 (Shamshuddin Vs. Smt. Sunita Tripathi & another), under Section 138 of NI Act & Section 420 IPC, P.S. Jagdishpura, District Agra, pending in the Court of learned Additional Chief Judicial Magistrate, X, Agra. 3. Learned counsel for the applicants submits that the applicants had earlier approached this Court while filing application u/s 482 no. 13409 of 2005 in which on 20.09.2005, the following orders were passed.- "This application has been filed for quashing the complaint and summoning order under Section 138 Negotiable Instruments Act, and Sections, 420, 120B, IPC. Submissions on behalf of the applicants is that in the order dated 23.02.2004, which has been placed to show that a notice was asked for but no notice was filed till date. In the complaint, it has clearly been mentioned that notice was never served upon the applicants, the same was returned because the applicants were out of station. Looking into the facts and circumstances of the case, issue notice to the opposite party no. 2 returnable at an early date. He may file counter affidavit within a period of three weeks from the date of receipt of notice. Learned AGA shall file counter affidavit within four weeks from today. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List immediately on expiry of the aforesaid period. Till the next date of listing, further proceeding in criminal case no. 2185 of 2004, under Section 138 Negotiable Instruments Act and Section 420 IPC pending in the court of X ACJM, Agra shall remain stayed." 4. Thereafter, the said application stood rejected on 25.01.2019, order whereof is quoted hereinunder.- "List revised. None present for the applicants to press this application. The case is dismissed for want of prosecution. Interim order, if any, is vacated. A copy of this order be communicated to the court below for necessary compliance." 5. Learned counsel for the applicants submits that the applicants are agreeable to compounding of the offence as the applicants seek to put to end the entire issue. 6. Learned AGA, on the other hand, submits that the present application may not be maintainable for the same cause of action merely because now the applicants are agreeable to make the entire payment. 7. Looking into the facts and circumstances of the case, this Court does not find the present case to be a fit case for interference, accordingly, the application is consigned to record. 8. It is always open for the applicants to prefer an application u/s 147 of the NI Act for compounding and this Court has no reasons to disbelieve that the same shall be decided in accordance with law in the case of Damodar S. Prabhu Vs. Sayed Babalal (2010) 5 SCC 688. Order Date :- 8.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad