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Neutral Citation No. - 2025:AHC:71920 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14575 of 2025 Applicant :- Vikash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- Anil Kumar Singh Bishen,G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Raghubir Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. and Sri Anil Kumar Singh Bishen for O.P. No.2. 2. Though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 19.02.2020 as well as entire proceeding of Complaint Case No.14076 of 2019 under Section 138 Negotiable Instrument Act, (Dharmveer Singh vs. Vikash) Police Station- Rakabganj District-Agra, pending in the court of Additional Court No.2, Agra, but learned counsel for the applicant has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded. 3. Learned A.G.A. as well as counsel for O.P. No.2 have no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 16.05.2025 and the court below is directed to decide the same with most expedition, preferably within 60 days. 5. Till 60 days from today, no coercive action shall be taken against the applicant with respect to the summoning order dated 19.02.2020 as well as with respect to Complaint Case No.14076 of 2019, under Section 138 Negotiable Instrument Act, (Dharmveer Singh vs. Vikash) Police Station- Rakabganj District-Agra pending in the court of Additional Court No.2, Agra. 6. The protection accorded to the applicant is only available
subject to compliance of 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 :- 6.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad