M/S UNIQUE ENTERPRISES, MAHBOB ALAM v. STATE OF U.P. AND ANOTHER
NA528/16564/2025 · 2025-05-11
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48457 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48457 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:76798 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16564 of 2025 Applicant :- M/S Unique Enterprises, Mahbob Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abdul Karim Khan,Azizur Rahman Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Azizur Rahman Khan, learned counsel for the applicant, on instructions, submits that though the present application has been preferred to quash the impugned summoning order dated 08.05.2024 passed by the Judicial Magistrate/ Additional Civil Judge (Jr. Davison), Court No.1, Meerut in Complaint Case No. 8075 of 2024 (HBD Financial Services Limited Vs. M/s Unique Enterprises and others) under Section 25 of Payment and Settlement System Act, 2007 read with section 138 of N.I. Act, Police Station Lalkurti, District Meerut, however, he confines his relief for compounding under Section 31 of the Payment and Settlement Systems Act, 2007, in view of the judgement in Damodar S. Prabhu Vs Sayed Babalal 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 directing the applicant to prefer appropriate application for compounding under Section 31 of the Payment and Settlement Systems Act, 2007 by 23.05.2025 and on the submission of the same, the court below shall decide the same within 45 days and 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 proceedings of Complaint Case No. 8075 of 2024 (HBD Financial Services Limited Vs. M/s Unique Enterprises and others) under Section 25 of Payment and Settlement System Act, 2007 read with section 138 of N.I. Act, Police Station Lalkurti, District Meerut, pending in the Court of impugned summoning order dated 08.05.2024 passed by the Judicial Magistrate/Additional Civil Judge (Jr. Davison), Court
No.1, Meerut.
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 :- 12.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad