M/S A.P. DISTRIBUTERS THROUGH SAURABH GUPTA v. STATE OF U.P. AND ANOTHER
NA528/12432/2025 · 2025-04-15
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40135 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12432 of 2025 Applicant :- M/S A.P. Distributers Through Saurabh Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Tiwari,Gyanendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Diwakar Tiwari, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. for the State.
2. This is an application under Section 528 BNSS preferred by the applicants for quashing the entire proceeding including the impugned Summoning order dated 6.12.2024 passed by The Ld. Judicial Magistrate/ Additional Civil Judge (J.D.) Court No.1 Meerut in Complaint Case No. 15827/2024 (M/S Ambik Ayurved India Pvt. Ltd. Versus M/S A.P. Distributers), Under Sections 138 of The Negotiable Instruments Act 1881, Police Station- Lalkurti, District- Meerut, pending in the Ld. Judicial Magistrate/Additional Civil Judge (J.D.) Court No.1 Meerut.
3. Learned counsel for the applicants as per the instructions so received by him confines his relief for a direction to the court below for compounding of the offences under Section 147 of N.I. Act in terms of the judgment in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907.
4. Learned A.G.A. has no objection to the same.
5. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate proceeding for compounding under Section 147 of N.I. Act and in case such proceeding is preferred before the court concerned, 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).
Order Date :- 16.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad