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Neutral Citation No. - 2025:AHC:87865 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14013 of 2025 Applicant :- Adesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Rama Shankar Mishra, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the order dated 25.02.2025 passed by Special Judge /Additional District Judge in Criminal Revision 533 of 2023 under Section 138 N.I. Act as well as order dated 24.03.2021 passed by the Prescribed authority/additional Judge court No.1 Ghaziabad in complaint No. 1899 of 2020 under Section 138 of N.I. Act P.S. Vijaynagar. District-Ghaziabad, 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 AIR 2010 SC 1907 and to make a request for return of the vehicle which is in possession of the opposite party no. 2 and a direction be issued to decide the application within a time bound manner. 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 30.05.2025 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). 4. Till the application is decided, no coercive action shall be taken against the applicant with respect to order dated 25.02.2025 passed by Special Judge /Additional District Judge in Criminal Revision 533 of 2023 under Section 138 N.I. Act as well as order dated 24.03.2021 passed by the Prescribed authority/additional Judge court No.1 Ghaziabad in complaint No. 1899 of 2020 under Section 138 of N.I. Act P.S. Vijaynagar, District-Ghaziabad. 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 :- 23.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad