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Neutral Citation No. - 2025:AHC:138879 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29863 of 2025 Applicant :- Mohammad Gulzar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Kamar Shah Alam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Mohd. Kamar Shah Alam, 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 Complaint Case No. 5655 of 2018 (Satyapal Singh vs. Mhammad Gulzar), under Section 138 N.I. Act, Police Station Civil Lines, District Rampur as well as summoning order dated 25.03.2019 pending in the Court of Chief Judicial Magistrate, Rampur, 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 the said proceedings, no coercive action shall be taken against the applicant with respect to the Complaint Case No. 5655 of 2018 (Satyapal Singh vs. Mhammad Gulzar), under Section 138 N.I. Act, Police Station Civil Lines, District Rampur as well as summoning order dated 25.03.2019 pending in the Court of Chief Judicial Magistrate, Rampur.
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 :- 14.8.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad