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2025 DAILYLAW 67240 (ALL)

GIRISH CHAND GUPTA v. STATE OF U.P. AND ANOTHER

NA528/23988/2025 · 2025-07-08

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108795 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 23988 of 2025 Applicant :- Girish Chand Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Vyas Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Mr. Prashant Vyas, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the impugned order dated 07.03.2025 passed by the P.O. Additional Court No.-2, Meerut in Criminal Case No. 13250 of 2024 (Earth Finance Company Limited vs. Girish Chand Gupta), under Section 138 of the Negotiable Instruments Act, 1881, Police Station-Lalkurti, District-Meerut, 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 reported in 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 28.07.2025 and on the submission of the same, the court below shall decide the same within 45 days and 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 application is decided of 45 days, no coercive action shall be taken against the applicant with respect to impugned order dated 07.03.2025 passed by the P.O. Additional Court No.-2, Meerut in Criminal Case No. 13250 of 2024 (Earth Finance Company Limited vs. Girish Chand Gupta), under Section 138 of the Negotiable Instruments Act, 1881, Police Station-Lalkurti, District-Meerut. 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 :- 9.7.2025/A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad