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2025 DAILYLAW 67090 (ALL)

DINESH KUMAR JINDAL v. STATE OF U.P. AND ANOTHER

NA528/21162/2025 · 2025-07-02

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103556 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21162 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 Ashwini Kumar Srivastava, learned counsel for the applicant as per the instructions received from his client has made a statement at Bar that though the application u/s 528 BNSS has been preferred by the applicant for quashing the order dated 25.05.2022 passed by learned lower Court as well as the entire proceedings of Complaint Case No.3798 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 prayer to the extent that 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. 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 25.07.2025 and the court below is directed to decide the same with most expedition, preferably within one month. 4. Till one month from today, no coercive action shall be taken against the applicant with respect to the order dated 25.05.2022 passed by learned lower Court as well as the proceedings of Complaint Case No.3798 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 :- 3.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad