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Neutral Citation No. - 2025:AHC:107042 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22109 of 2025 Applicant :- Dinesh Kumar Jindal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwini Kumar Srivastava,Dwarika Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Prashant Tiwari (AOR No.A/P 0847/2013) holding brief of Sri Ashwani Kumar Srivastava, learned counsel for the applicant as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the order dated 25.04.2022 passed by learned lower Court as well as the entire proceedings of Complaint Case No.3804 of 2022, (Tribhuvan Singh Vs. Vikas Crockery House and another), Under Section 138, Negotiable Instruments Act of Police Station- Brahmpuri, District Meerut pending in the Court of Special Chief Judicial Magistrate, Meerut, however, he confines his relief for taking appropriate proceedings for compounding in terms of 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 decided, protection be accorded to him.
2. 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 18.08.2025 and the court below shall decide the same with most expedition, preferably within a period of one month.
4. Till one month from today, no coercive action shall be taken against the applicant with respect to the Complaint Case No.3804 of 2022, (Tribhuvan Singh Vs. Vikas Crockery House and another), Under Section 138, Negotiable Instruments Act of Police Station- Brahmpuri, District Meerut pending in the Court of Special Chief Judicial Magistrate, Meerut.
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 :- 8.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad