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Court No. - 73 Case :- APPLICATION U/S 482 No. - 1465 of 2025 Applicant :- Sushil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Lalit Singh Tomar, learned counsel for the applicant has made a statement at bar that though the present application has been preferred for a direction to the learned Additional Civil Judge (J.D.), Kanpur Nagar by permitting the applicant to pay the entire amount of Rs. 11.50 lacs in four installments in compliance of order dated 30.07.2024 passed in complaint case no. 7796 of 2019 under Section 138 of N.I. Act pending in the court of Additional Civil Judge (J.D), Kanpur Nagar. However, as per the instructions received by him his client shall be moving an application under Section 147 of N.I. Act for compounding of the offences in terms of the judgment in the case of Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663.
2. Learned AGA has no objection to the same.
3. The present application stands disposed of granting liberty to the applicant to prefer proceedings under section 147 of N.I. Act and in case, such a proceedings is put to motion, this Court has no reasons to disbelieve that the court below shall decide the same in the light of the judgment in the case of Damodar S. Prabhu (Supra). Order Date :- 23.4.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad