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2025 DAILYLAW 81669 (ALL)

SHIVAM KUMAR GUPTA v. STATE OF U.P. AND ANOTHER

NA528/30546/2025 · 2025-08-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141978 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30546 of 2025 Applicant :- Shivam Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mithilesh Kumar Srivastava, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred to quash the Summoning order dated 3.11.2023 issued by the Additional Civil Judge (. J.D.) Court no.6/ Criminal Agra complaint Case no.26465 of2023 (State Bank of India Versus Shivam Kumar Gupta) Under Section 138 of Negotiable Instrument Act P.S. Rakabganj, District Agra as well as quash the Non Bailable Warrant order dated 2,7.2025 issued by the Additional Civil Judge (J.D.) Agra Court no.6/Criminal, Agra. 3. Learned counsel for the applicant has submitted that an application came to be preferred under Section 147 of the NI Act on 25.11.2025, Annexure 3 at page 31 of the paper book, reference whereof has been made in para 14 of the application that proceedings be compounded particularly when the applicant has made the entire payment. He submits that the said application is pending consideration, a direction be issued for disposal of the same. 4. Learned AGA has no objection to the same. 5. Considering the submission so made across the bar the application stands disposed of directing the applicant to submit a self attested copy of the present application and certified copy of the order before the court below and the court below shall pass appropriate orders upon the application which is stated to have been preferred by the applicant for compounding under Section 147 of the NI Act, in case, the same has not been decided with most expedition. Order Date :- 20.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad