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Neutral Citation No. - 2025:AHC:142812 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13625 of 2025 Applicant :- Mohd. Shafeeque Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Mr. Babul Kumar Sharma, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the impugned summoning order dated 20.9.2023 passed by Civil Judge (Junior Division)/F.T.C. (Under 14th Finance Commission)/Judicial Magistrate, Jhansi as well as entire proceeding of Complaint case no. 8277 of 2023 (Rajesh Kumar Pal Vs. Lucky traders Lines) under section 138 N.I. Act Police Station Prem Nagar District Jhansi (U.P.) whereby the learned Civil Judge (Junior Division)/F.T.C.(Under 14th Finance Commission)/Judicial Magistrate, Jhansi, 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. 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 16.09.2025, 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 impugned summoning order dated 20.9.2023 passed by Civil Judge (Junior Division)/F.T.C. (Under 14th Finance Commission)/Judicial Magistrate, Jhansi as well as entire proceeding of Complaint case no. 8277 of 2023 (Rajesh Kumar Pal Vs. Lucky traders Lines) under section 138 N.I. Act Police Station Prem Nagar District Jhansi (U.P.) whereby the learned Civil Judge (Junior Division)/F.T.C.(Under 14th Finance Commission)/Judicial Magistrate, Jhansi.
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 :- 20.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad