Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 5438 (ALL)

KRISHNA INFRATECH PROPRIETOR GIRISH YADAV v. STATE OF U.P. AND ANOTHER

A482/575/2025 · 2025-05-06

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:73143 Court No. - 73 Case :- APPLICATION U/S 482 No. - 575 of 2025 Applicant :- Krishna Infratech Proprietor Girish Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashish Goyal, learned counsel for the applicant and Sri Bhuwal Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicant for quashing the summoning order dated 25.7.2022 passed by learned Judicial Magistrate/ Additional Civil Judge (Junior Division), Court No.1, Agra in Complaint Case No. 3744 of 2022, (Subhash Chandra Vs. Krishna Infratech, proprietor), as well as entire proceedings. of Complaint Case No. 3744 of 2022, (Subhash Chandra Vs. Krishna Infratech, Proprietor), under Section 138 of Negotiable Instrument Act, Police Station Hariparwat, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court no.5, Agra. 3. At the very outset, learned counsel for the applicant, as per the instructions submits that applicants shall be moving proceeding under Section 147 of N.I. Act for compounding of the offences. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions raised at the Bar and the statements so sought to be made by them, this Court does not find any good ground for interfering in the present proceeding. The application stands disposed of while observing that in case appropriate proceeding under Section 147 N.I. Act for compounding of the offence is preferred before the court concerned, then this Court has no reason to disbelieve that the same shall be decided with most expedition, preferably within 45 days, strictly in accordance with the law of the land. 6. Till application is decided, no coercive action shall be taken against the applicant with respect to the summoning order dated 25.7.2022 passed by learned Judicial Magistrate/ Additional Civil Judge (Junior Division), Court No.1, Agra as well as in Complaint Case No. 3744 of 2022, (Subhash Chandra Vs. Krishna Infratech, Proprietor), under Section 138 of Negotiable Instrument Act, Police Station Hariparwat, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court no.5, Agra. 7. 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 :- 7.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad