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2025 DAILYLAW 59742 (ALL)

RAJKUMAR SINGH TOMAR v. STATE OF U.P. AND ANOTHER

A482/15158/2024 · 2025-09-11

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 15158 of 2024 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Ms. Falaq Wakeel (A/F 0428/2025) holding brief of Mr. Fakhrul Zaman, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the Complaint Case No. 2517 of 2018, and also quash the order dated 01.08.2019 passed by Learned chief Judicial Magistrate Jhansi, Under Section 138 N.I Act police station Nawabad District Jhansi, (Ramesh Chandra Vs Rajkumar Singh tomar and others), 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 application for compounding under Section 147 of N.I. Act by 26.09.2025, 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. 2517 of 2018, and also quash the order dated 01.08.2019 passed by Learned chief Judicial Magistrate Jhansi, Under Section 138 N.I Act police station Nawabad District Jhansi, (Ramesh Chandra Vs Rajkumar Singh tomar and others). 5. The protection accorded to the applicant is only available subject to Versus Counsel for Applicant(s) : Fakhruzzaman Counsel for Opposite Party(s) : G.A. Rajkumar Singh Tomar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 12, 2025 A. Prajapati A482 No. 15158 of 2024 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad