SHRI MOHAN INFRAMART PVT. LTD. COMPANY AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/15966/2025 · 2025-05-14
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54168 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54168 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80604 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15966 of 2025 Applicant :- Shri Mohan Inframart Pvt. Ltd. Company And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ankit Agarwal, learned counsel for the applicant has submitted that though the present application has been preferred to quash the entire proceedings of Complaint Case No. 1157 of 2018, Sibbo vs. Shri Mohan Inframart Pvt. Ltd. Company and another, Under Section- 138 N.I. Act, Police Station- Govardhan, District- Mathura, pending before the Learned Judicial Magistrate, Court no. 9, Mathura, however, he submits that, in fact, the parties had been referred to mediation but the mediation failed, however, as per the instructions, seeks compounding of the offences, under Section 147 of the N.I. Act in view of the judgement in Damodar S. Prabhu Vs Sayed Babalal 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 30.05.2025 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 the application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 1157 of 2018, Sibbo vs. Shri Mohan Inframart Pvt. Ltd. Company and another, Under Section- 138 N.L. Act, Police Station- Govardhan now pending before the Learned Judicial Magistrate, Court no. 9, Mathura.
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 :- 15.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad