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2025 DAILYLAW 67919 (ALL)

OM PRAKASH DIXIT v. STATE OF U.P. AND ANOTHER

NA528/21770/2025 · 2025-07-02

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103593 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21770 of 2025 Applicant :- Om Prakash Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anju Pandey,Ayush Kumar Gupta,Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Mithilesh Kumar Gupta, learned counsel for the applicant as per the instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 02.04.2024, and Arrest Memo of Non Bailable Warrant Notice Dated 01.05.2025 as well as entire proceeding of Complaint Case No. 406 of 2024, Suvidha Microfin Partnership Firm Vs. Om Prakash Dixit Under Section 138 The Negotiable Instruments Act, 1881, Police Station- Sector- 63, Noida, District-Gautam Buddh Nagar, pending in the Court of A.C.J.M. III, Gautam Buddh Nagar, however, he confines his relief 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 the court below be directed to decide the same in a time bound period. 3. Learned A.G.A. has no objection to the same. 4. 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 18.07.2025 and the court below is directed to decide the same with most expedition, preferably within one month. Order Date :- 3.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad