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2025 DAILYLAW 53462 (ALL)

SMT. SANGITA JADAUN v. STATE OF U.P. AND ANOTHER

NA528/15655/2025 · 2025-05-05

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72237 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15655 of 2025 Applicant :- Smt. Sangita Jadaun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Sauood Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Mohd. Sauood, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the Summoning Order dated 16.07.2023 (U/s 138 N.I.Act) passed by A.C.J.M.Ist, Agra as well as Order dated 04.03.2025 (U/s 143A N.I.Act) passed by A.C.J.M. No.3, Agra in Complaint Case No.17879 of 2023 (Smt. Suman Upadhyay Vs. Smt. Sangita Jadaun) under Section 138 N.I.Act, Police Station- Trans Yamuna, District-Agra, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Agra., 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). 4. Till application is decided, no coercive action shall be taken against the applicant with respect to Summoning Order dated 16.07.2023 (U/s 138 N.I.Act) passed by A.C.J.M.Ist, Agra as well as Order dated 04.03.2025 (U/s 143A N.I.Act) passed by A.C.J.M. No.3, Agra in Complaint Case No.17879 of 2023 (Smt. Suman Upadhyay Vs. Smt. Sangita Jadaun) under Section 138 N.I.Act, Police Station-Trans Yamuna, District-Agra, pending in the Court of Learned Additional Chief Judicial Magistrate, Court No.1, Agra. 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 :- 6.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad