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Neutral Citation No. - 2025:AHC:66029 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13296 of 2025 Applicant :- Smt. Priya Makhija Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Raghubir Singh, learned counsel for the applicant and Sri Sudhir Kumar Chandraul, learned A.G.A. for the State.
2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the summoning order dated 26.2.2021 as well as the entire proceedings of Complaint Case No.9787 of 2020, (Dharmveer Singh vs. Smt. Priya Makhija) pending in the court of learned Additional Court No.2, Agra, under Section 138 of the N.I. Act, Police Station Sadar Bazar, District Agra, 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.
3. Learned A.G.A. has 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 23.05.2025 and the same shall be decided with most expedition preferably within a period of 90 days in terms of the judgment passed in Damodar S Prabhu (supra).
5. Till application is decided, no coercive action shall be taken against the applicant of Complaint Case No.9787 of 2020, (Dharmveer Singh vs. Smt. Priya Makhija) pending in the court of learned Additional Court No.2, Agra, under Section 138 of the N.I. Act, Police Station Sadar Bazar, District 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 :- 29.4.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad