Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71043 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15466 of 2025 Applicant :- Mohammad Irshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Bajpai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Raj Pal (AoR A/R 1691/2024) learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the summoning order dated 18.01.2025 passed by learned Additional Chief Judicial Magistrate-1, Court No. 16, Shahjahanpur as well as entire proceedings of Complaint Case No. 2614 of 2024 (Shai Umam Versus Mohammad Irshad) under Section 138 N.I. Act, Police Station-Kotwali Chowk, District- Shahjahanpur, 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 reported in 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 granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 16.05.2025 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).
5. Till application is decided, no coercive action shall be taken against the applicant with respect to quash the summoning order dated 18.01.2025 passed by learned Additional Chief Judicial Magistrate-1, Court No. 16, Shahjahanpur as well as entire proceedings of Complaint Case No. 2614 of 2024 (Shai Umam Versus Mohammad Irshad) under Section 138 N.I. Act, Police Station- Kotwali Chowk, District- Shahjahanpur.
6. The protection accorded to the applicants 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 :- 5.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad