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2025 DAILYLAW 48555 (ALL)

NEERAJ ACHARYA v. STATE OF U.P. AND ANOTHER

NA528/14220/2025 · 2025-04-24

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65156 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14220 of 2025 Applicant :- Neeraj Acharya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ashutosh Kumar Pandey, learned counsel for the applicant submits that though the challenge has been raised for quashing the impugned summoning order dated 17.01.2023 under Section 138 of N.I. Act passed by the court of Judicial Magistrate, Chandauli and in complaint case no. 23370 of 2022 (Sujit Kumar Singh vs. Neeraj Acharya) pending before the court of Judicial Magistrte, Chandauli but the counsel for the applicant as per his instructions seeks compounding of the offences U/s 147 of N.I. Act in terms of the judgment in the case of Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663. 2. Learned AGA has no objection to the same. 3. Considering the submissions so made across the bar, this application stands disposed of directing the applicant to submit an application for compounding under Section 147 of N.I. Act before the court of Judicial Magistrate, Chandauli by 09.05.2025. On the said application, the court below shall proceed to undertake the proceedings for compounding in terms of the judgment in the case of Damodar S. Prabhu (Supra) 4. For a period of 45 day, no coercive measures shall be taken against the applicant. 5. The interim protection so accorded to the applicant shall only apply in case the applicant sticks to the timeline and does not violate any of the order of the court. In case of the violation of the order or non sticking to the timeline, the interim order stands vacated without reference to the Bench. Order Date :- 25.4.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad