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2025 DAILYLAW 59374 (ALL)

ARVIND SINGH v. STATE OF U.P. AND ANOTHER

NA528/17484/2025 · 2025-05-16

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82160 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17484 of 2025 Applicant :- Arvind Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ashok Kumar Singh, learned counsel for the applicant on instructions submits that though the application has been preferred to quash the summoning order dated 4.2.2016 passed by learned Judicial Magistrate-II, Hapur and summoned the applicant under Section 138 of the Negotiable Instrument Act, Police Station Babugarh, District Hapur in Complaint Case No.28/2016, (Randesh Vs. Arvind) pending in the court of learned Judicial Magistrate-II, Hapur 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 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.28/2016 (Randesh Vs. Arvind) pending in the court of learned Judicial Magistrate-II, Hapur however, he confines his relief for compounding under Section 147 of the N.I. Act, Police Station Babugarh, District Hapur 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