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2025 DAILYLAW 67753 (ALL)

AMIT PREMI JI v. STATE OF U.P. AND ANOTHER

NA528/22045/2025 · 2025-07-07

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106955 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22045 of 2025 Applicant :- Amit Premi Ji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Rakesh 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 complaint including summoning order dated 05.08.2023 as well as entire criminal proceeding of complaint case no.624 of 2023, Under Section 138 of Negotiable Instrument Act of Police Station Bita-II, District-Gautam Budh Nagar, (Saksham Solanki Versus Amit Premi), pending before Additional Court No.3, Gautam Budh Nagar, 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 preferred, 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 8.08.2025 and the court below shall decide the same with most expedition, preferably within a period of one month. 4. Till two months from today, no coercive action shall be taken against the applicant with respect to Complaint Case no.624 of 2023, Under Section 138 of Negotiable Instrument Act of Police Station Bita-II, District-Gautam Budh Nagar, (Saksham Solanki Versus Amit Premi), pending before Additional Court No.3, Gautam Budh Nagar. 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