ARVIND KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12452/2025 · 2025-04-15
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41969 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:55562 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12452 of 2025 Applicant :- Arvind Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Anil Kumar Mishra, learned counsel for the applicants 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 summoning order dated 06.12.2019 passed by the Court of Additional Judge Saharanpur, in Compliant Case No.1498 of 2019 (Anuj Kumar Versus Arvind Kumar and others), Under Section 138 Negotiable Instrument Act, Police Station. Fatehpur, District-Saharanpur pending in the Court of Additional Judge, Saharanpur.
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