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2025 DAILYLAW 62525 (ALL)

SMT RENU SHARMA v. STATE OF U.P. THROUGH SECRETARY HOME AT LUCKNOW AND ANOTHER

NA528/18388/2025 · 2025-05-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86982 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18388 of 2025 Applicant :- Smt Renu Sharma Opposite Party :- State Of U.P. Through Secretary Home At Lucknow And Another Counsel for Applicant :- Rahul Mishra,Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Sanjay Mishra, learned counsel for the applicant, on instructions, submits that though the application has been preferred to entire proceeding and the summoning order dated 13.09.2022 as well as process issued by Judicial Magistrate, Auraiya in Complaint No. 1156 of 2022 (Rajeev Tripathi Vs. Smt. Renu Sharma) under Section 138 of Negotiable Instrument Act, Police Station Auraiya, District Auraiya pending in the Court of Judicial Magistrate, Auraiya, 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 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 10.06.2025 and on the submission of the same, the court below shall decide the same within 45 days 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 the application is decided, no coercive action shall be taken against the applicant with respect to the summoning order dated 13.09.2022 and process issued by Judicial Magistrate, Auraiya in Complaint No. 1156 of 2022 (Rajeev Tripathi Vs. Smt. Renu Sharma) under Section 138 of Negotiable Instrument Act, Police Station Auraiya, District Auraiya pending in the Court of Judicial Magistrate, Auraiya. 5. 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 :- 22.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad