GAURAV KUMAR SRIVASTAVA v. STATE OF U.P. AND ANOTHER
NA528/16608/2025 · 2025-05-29
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56438 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56438 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93453 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16608 of 2025 Applicant :- Gaurav Kumar Srivastava Opposite Party :- State of U.P. and another Counsel for Applicant :- Azhar Hussain,Md. Ateef Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Sri Azhar Hussain, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the impugned summoning order-dated 22.11.2023 as well as the entire impugned criminal proceedings of Criminal Complaint Case No. 28912 of 2023 u/s 25 of The Payment and Settlement System Act, 2007, PS Sikandara, District Agra (HDFC Bank VsGaurav Kumar Srivastava), pending currently in the court of LdII- Additional Chief Judicial Magistrate, Agra, however,
learned counsel for the applicant has invited attention towards para 5 of the supplementary affidavit that on 18.07.2022, an amount of Rs. 1,55,000/- has been deposited. He seeks compounding of the offences under Section 31 of the of the Payment and Settlement Systems Act, 2007.
3. Learned A.G.A. has no objection to the same.
4. 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 31 of the Payment and Settlement System Act, 2007 before the court below by 13.06.2025 and on the submission of the same, the court below
shall decide the same within 45 days.
5. Till the application is decided, no coercive action shall be taken against the applicant with respect to proceedings of Complaint Case No. 28912 of 2023 u/s 25 of The Payment And Settlement System Act, 2007, PS Sikandara, District Agra (HDFC Bank Vs. Gaurav Kumar Srivastava), pending currently in the court of Ld II- Additional Chief Judicial Magistrate, Agra
6. 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 :- 30.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad