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2025 DAILYLAW 62091 (ALL)

KESHAV KUMAR v. STATE OF U.P. AND ANOTHER

NA528/18425/2025 · 2025-07-16

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116043 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 18425 of 2025 Applicant :- Keshav Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Bipin Pal Singh, learned counsel for the applicant submits that though the present application has been preferred for quashing the entire proceeding of complaint case no. 602 of 2024 (Sunil Kumar vs. Keshav Kumar), U/s 138 of N.I. Act, P.S. Kavi Nagar, District Ghaziabad. However, the applicant seeks to prefer an appropriate application before the court below for compounding of the offences and as per the instructions from his client, he would deposit 10 per cent of the total amount before the court below and a direction be issued to decide the compounding application as per the provisions contained U/s 147 of N.I. Act as well as in terms of the judgment in the case of Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663. 2. Learned AGA has no objection to the same. 3. Looking into the fact that the counsel appearing for the applicant has confined his prayer for compounding and he is agreeable to deposit 10 per cent of the total amount and the present application stands disposed of with a direction to the applicant to submit an application for compounding by 05.08.2025 with the proof of payment/ draft before the court below and on the said motion, the court below shall decide the same. 4. Till the disposal of the compounding application no coercive action the applicant in the entire proceeding of complaint case no. 602 of 2024 (Sunil Kumar vs. Keshav Kumar), U/s 138 of N.I. Act, P.S. Kavi Nagar, District Ghaziabad. The protection so accorded to the applicant shall only apply in case the applicant sticks to the timeline and does not violate any of the order of the court. In case of the violation of the order or non sticking to the timeline, the interim order stands vacated without reference to the Bench. Order Date :- 17.7.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad