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2025 DAILYLAW 77192 (ALL)

LEELA DHAR SAGAR v. STATE OF U.P. AND ANOTHER

NA528/26389/2025 · 2025-07-31

Vikas Budhwar

body2025

Judgment text

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Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26389 of 2025 Applicant :- Leela Dhar Sagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava,Rishi Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. Learned counsel for the applicant as per the instructions received from his client submits that though the present application has been preferred for quashing the entire proceeding including summoning order dated 19.10.2021 passed by learned Additional Civil Judge, S.D. (FTC)/ ACJM, Bareilly in proceeding of Complaint Case No. 755 of 2023 (Sahakari Awas Nirmal and Vitt Nigam Ltd. vs. Leeladhar Sagar,) U/s 138 of N.I. Act however, he confines his relief for preferring an application for compounding of the offence U/s 147 of the N.I. Act in the light of the judgment in the case of Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663. Sri S.P. Singh, learned State Law Officer has no objection to the same. Considering the submissions so made across the bar and the stands taken by the counsel for the applicant, as per the instructions received from his client, the application stands disposed of directing the applicant to file an application for compounding by 21.08.2025. Till the disposal of the said application preferred by the applicant, no coercive action shall be taken against the applicant in the aforesaid Complaint Case No. 755 of 2023 (Sahakari Awas Nirmal and Vitt Nigam Ltd. vs. Leeladhar Sagar,) U/s 138 of N.I. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided therein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 1.8.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad