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2025 DAILYLAW 84601 (ALL)

VIPIN KUMAR v. STATE OF U.P. AND ANOTHER

NA528/29247/2025 · 2025-09-10

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29247 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Mr. Hari Nath Chaubey, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the summoning order dated 18.07.2025 including the entire proceeding of a Complaint Case No. 11 of 2025 (Vineesh Kumar Vs. Vipin Kumar), u/s 138 of the Negotiable Instrument Act, pending in the court of Civil Judge (J.D.), Auraiya, however, he confines his relief for compounding 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. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 26.09.2025, then 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). 4. Till application is decided, no coercive action shall be taken against the applicant with respect to summoning order dated 18.07.2025 including the entire proceeding of a Complaint Case No. 11 of 2025 (Vineesh Kumar Vs. Vipin Kumar), u/s 138 of the Negotiable Instrument Act, pending in the court of Civil Judge (J.D.), Auraiya. 5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and Versus Counsel for Applicant(s) : Hari Nath Chaubey Counsel for Opposite Party(s) : G.A. Vipin Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) in case of default, the order shall stand vacated without reference to the Bench. September 11, 2025 A. Prajapati NA528 No. 29247 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad