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Neutral Citation No. - 2025:AHC:108605 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 23964 of 2025 Applicant :- Sandeep Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Sushil Dubey, learned counsel for the applicant on instructions submits that though the application has been preferred to quash the aside/quash the order dated 09.12.2020 passed by Additional Chief Judicial Magistrate, Court no.1, Bulandshahr in Complaint case no. 4356 of 2019 (Dinesh Kumar Vs. Sandeep Yadav) under Section 138 of the N.I. Act, 1881, Police station Kotwali Nagar, District Bulandshahr as well the entire proceedings of Complaint case no. 4356 of 2019 (Dinesh Kumar Vs. Sandeep Yadav), Police station Kotwali Nagar, District Bulandshahr pending in the court of Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court no.4, Bulandshahr., however, as per the instructions from his client that the applicant seeks to press the pending compouding application and a direction be issued to the court below to decide the same 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. Shri Pankaj Rai, learned State Law Officer has no objection to the same.
3. Considering the submissions raised at the Bar, the application stands disposed of that the applicant is already preferred compounding applications which are four in number and no order has been passed, thus, a direction is issued to the court below to decide the compounding application under Section 147 of N.I. Act 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). Order Date :- 9.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad