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Neutral Citation No. - 2025:AHC:63441 Court No. - 73 Case :- APPLICATION U/S 482 No. - 891 of 2025 Applicant :- Sudheer Garg Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Pramod Kumar Pandey, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State.
2. This is an application under Section 482 of CrPC preferred by the applicant for quashing the summoning order dated 28.06.2024 passed by Judicial Magistrate, Ghaziabad in Criminal Complaint Case No. 1344 of 2024 (Vikas Tyagi Vs. Sudheer Garg) under Section 138 Negotiable Instruments Act, under Police Station: Kaushambi, District: Ghaziabad.
3. Learned counsel for the applicant as per the instructions so received by him confines his relief for a direction to the court below for compounding of the offences under Section 147 of N.I. Act in terms of the judgment in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907.
4. Learned State Law Officer has no objection to the same.
5. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate proceeding for compounding under Section 147 of N.I. Act and in case such proceeding is preferred before the court concerned, then 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).
Order Date :- 25.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad