Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132185 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20540 of 2025 Applicant :- Atul Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Anand Mohan Rai, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceedings of Complaint Case No.542 of 2017 'Siddharth Maheshwari vs. Atul Jaiswal' U/s 138 N.I. Act of Police Station- Kotwali Nagar, District Saharanpur pending in the court of Additional Judge, Saharanpur as well as the impugned summoning order dated 14.07.2017 and Non Bailable Warrant dated 16.05.2025 issued against the applicant, however, he has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the
judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded.
2. Sri Moti Lal, learned A.G.A. has no objection to the same.
3. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 21.08.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days.
4. Till 45 days from today, no coercive action shall be taken against the applicant with respect to the entire proceedings of Complaint Case No.542 of 2017 'Siddharth Maheshwari vs. Atul Jaiswal' U/s 138 N.I. Act of Police Station- Kotwali Nagar, District Saharanpur pending in the court of Additional Judge, Saharanpur as well as the impugned summoning order dated 14.07.2017 and Non Bailable Warrant dated 16.05.2025 issued against the applicant.
5. The protection accorded to the applicant is only available
subject to compliance of 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 :- 6.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad