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2025 DAILYLAW 83084 (ALL)

NARENDRA SINGH v. STATE OF U.P. AND ANOTHER

NA528/28434/2025 · 2025-08-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137739 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28434 of 2025 Applicant :- Narendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Yadav,Sushil Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Rajesh Yadav, learned counsel for the applicant as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceedings of Complaint Case No. 4888 of 2024 (Bhola Prasad Mishra Versus Narendra Singh) under section 138 N.I. Act., Police Station-Raipura, District Chitrakoot, as well as the summoning order dated 26-09-2024, passed by Judicial Magistrate 1st District Chitrakoot, pending before the court of Judicial Magistrate 1st District Chitrakoot, however, he confines his relief for taking appropriate proceedings for compounding in terms of Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded to him. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 4.09.2025 and the court below shall decide the same with most expedition. 4. Till the disposal of aforesaid proceeding, no coercive action shall be taken against the applicant with respect to the further proceedings of Complaint Case No. 4888 of 2024 (Bhola Prasad Mishra Versus Narendra Singh) under section 138 N.I. Act., Police Station-Raipura, District Chitrakoot, arising out to the summoning order dated 26-09-2024, passed by Judicial Magistrate 1st District Chitrakoot, pending before the court of Judicial Magistrate 1st District Chitrakoot. 5. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 13.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad