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2025 DAILYLAW 49352 (ALL)

PRAVEEN KUMAR SRIVASTAVA v. STATE OF U.P. AND ANOTHER

NA528/14815/2025 · 2025-05-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84770 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14815 of 2025 Applicant :- Praveen Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Sharad Srivastava, learned counsel for the applicant submits that though the challenge has been raised for quashing the impugned summoning order dated 08.02.2024 and 30.08.2024 passed by Additional Civil Judge (S.D.)/ Metropolitan Magistrate, court no.4, Kanpur Nagar in criminal case no. 3873 of 2024 (Ashutosh Tripathi vs. M/s Abhan Credit Financial) under Section 138 of N.I. Act , P.S. Bajariya, District Kanpur Nagar, pending before the court of Additional Civil Judge, (S.D.)/ Metropolitan Magistrate, court no.4, Kanpur Nagar, however, 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 below by 31.05.2025. 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 in criminal case no. 3873 of 2024 (Ashutosh Tripathi vs. M/s Abhan Credit Financial) under Section 138 of N.I. Act , P.S. Bajariya, District Kanpur Nagar, pending before the court of Additional Civil Judge, (S.D.)/ Metropolitan Magistrate, court no.4, Kanpur Nagar. 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 :- 20.5.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad