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2025 DAILYLAW 45055 (ALL)

MAZHAR HASNAIN v. STATE OF U.P. AND ANOTHER

NA528/13343/2025 · 2025-04-28

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66709 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13343 of 2025 Applicant :- Mazhar Hasnain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hina Shafiq,Rizwan Ahmad(Qureshi) Counsel for Opposite Party :- G.A.,Satyam Singh Hon'ble Vikas Budhwar,J. 1. Ms. Hina Shafiq, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the Complaint Case No.40517/2024 (U.P. Cooperative Bank Limited vs. Mazhar Hasnain) pending in the Court of Metropolitan Magistrate, Court No.4, Kanpur Nagar under Section 138 of Negotiable Instrument Act, 1881, Police Station Govind Nagar, District Kanpur Nagar as well as the impugned summoning order dated 07.05.2024 passed by the learned Metropolitan Magistrate, Court No.4, Kanpur Nagar, however, she confines her 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 16.05.2025 and on the submission of the same, the court below shall decide the same within 45 days 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). 5. Till application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No.40517/2024 (U.P. Cooperative Bank Limited vs. Mazhar Hasnain) pending in the Court of Metropolitan Magistrate, Court No.4, Kanpur Nagar under Section 138 of Negotiable Instrument Act, 1881, Police Station Govind Nagar, District Kanpur Nagar as well as the impugned summoning order dated 07.05.2024 passed by the learned Metropolitan Magistrate, Court No.4, Kanpur Nagar. 6. The protection accorded to the applicants 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 :- 29.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad