Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141837
Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30418 of 2025 Applicant :- Vijay Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rajesh Chandra Upadhyay, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 25.09.24 passed by ACJM Court no. 1 in Complaint Case no. 2984 of 2024, Harish Kumar Vs. Balaji Infra Developers, under Section 138 N.I. Act, P.S. Sikandra, District Agra, pending in the court of A.C.J.M. Court no. 1 Agra on the basis of application dated 12.12.24 moved by the applicant. 3. The case of the applicant is that post-dishonour of the cheque, a complaint stood preferred under Section 138 of the N.I. Act and the applicant came to be summoned. Thereafter an application came to be preferred under Section 147 of the N.I. Act for compounding on 12.12.2024, which is at page-34 and 35 of the paper-book, but the said application has not been decided till date. Submission of learned counsel for the applicant is that a direction be issued to the court below to decide the application u/s 147 of N.I. Act. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar, the application stands disposed of while directing the applicant to file the self-attested copy of the present application, certified copy of the order along with copy of the application u/s 147 of N.I. Act before the court of A.C.J.M. Court no. 1 Agra on 29.08.2025 and this Court has no reason to disbelieve that the application u/s 147 of the Act dated 12.12.2024 shall be decided strictly in accordance with law. 6. Till the disposal of the application u/s 147 of N.I. Act, no coercive action shall be taken against the applicant order dated 25.09.24 passed by ACJM Court no. 1 in Complaint Case no. 2984 of 2024, Harish Kumar Vs. Balaji Infra Developers, under Section 138 N.I. Act, P.S. Sikandra, District Agra, pending in the court of A.C.J.M. Court no. 1 Agra. 7.
In case of default, protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. Order Date :- 20.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad