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Neutral Citation No. - 2025:AHC:82443 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17474 of 2025 Applicant :- Abhinav Tandon Opposite Party :- State of U.P. and Another Counsel for Applicant :- Romeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Sri Romeshwari Prasad, learned counsel for the applicant on instructions submits that though the application has been preferred to quash the summoning order dated 22.1.2025 in Complaint Case No.25602 of 2024, (Pratik Pratap Singh Vs. M/s Tipocompheeels Pvt. Ltd. and another), under Section 138 of the N.I. Act, Police Station Sikandara, 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. He also submits that the applicant has paid the entire amount.
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 proceeding for compounding under Section 147 of N.I. Act by 30.5.2025 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 Complaint Case No.25602 of 2024, (Pratik Pratap Singh Vs. M/s Tipocompheeels Pvt. Ltd. and another) 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, Police Station Sikandara, District Agra as well as the impugned summoning order dated 4.2.2016 passed by learned Judicial Magistrate-II, Hapur.
5. 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 :- 17.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad