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2025 DAILYLAW 51598 (ALL)

ISHTYAK @ ISHTYAK AHMAD @ GUDDU v. STATE OF U.P. THROUGH SECRETARY HOME AT LUCKNOW

NA528/14917/2025 · 2025-05-13

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79690 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14917 of 2025 Applicant :- Ishtyak @ Ishtyak Ahmad @ Guddu Opposite Party :- State of U.P. through Secretary Home at Lucknow Counsel for Applicant :- Sageer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sageer Ahmad, learned counsel for the applicant and Sri S.K. Singh, learned A.G.A. for the State. 2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the entire further criminal proceedings in case No 819/2018 (Mohd Haleem Vs Ishtyak Ahmad) under section 138 Negotiable Instrument Act. Police Station Baheri District-Bareilly, 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. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 30.05.2025 and the same shall be decided with most expedition preferably within a period of 45 days 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 summoning order dated 12- 03-2025, passed by the court of Excessive Court (N.I.Act), Bareilly in Complaint Case 819/2018 (Mohd Haleem Vs Ishtyak Ahmad), under section 138 Negotiable Instrument Act, Police Station Baheri District- Bareilly and it also prayed that stay the criminal proceedings in Complaint Case 819/2018 (Mohd Haleem Vs Ishtyak Ahmad) under section 138 Negotiable Instrument Act. Police Station Baheri District- Bareilly. 6. The protection accorded to the applicant is only available subject to compliance of 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 :- 14.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad