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Neutral Citation No. - 2025:AHC:66732 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13305 of 2025 Applicant :- Nandlal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Singh,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Yatish Kumar Dwivedi, learned counsel for the applicant on instructions submits that though the application has been preferred to quash the Complaint No.26457 of 2023-(Subhash Chandra Dubey Vs. Nandlal) as well as summoning order dated 18-10-2023 passed by Civil Judge (J.D.)/Judicial Magistrate/F.T.C.-II, Chandauli, in Complaint No.26457 of 2023- (Subhash Chandra Dubey Vs. Nandlal), under section 138 Negotiable Instrument Act, Police Station Mughalsaray, District Chandauli, pending in the court of Civil Judge (J.D.)/Judicial Magistrate/ F.T.C.-II, Chandauli, 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 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 :- 29.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad