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2025 DAILYLAW 88183 (ALL)

ECHO PLY PVTLTD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31108/2025 · 2025-08-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144812 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31108 of 2025 Applicant :- Echo Ply Pvtltd And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Anand Kumar Chaurasia, (AOR No.A/A0805/2021), holding brief of Sri Pawan Kumar Rai, learned counsel for the applicants as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicants for quashing the entire proceeding as well as summoning order dated 06.12.2019 passed in Complaint Case No. 1615 of 2019 (M/s Siddharth Traders Versus Echo Ply Pvt. Ltd. and others) under section 138 of Negotiable Instruments Act, Police Station- Kotwali Nagar, District-Saharanpur pending in the Court of In-charge Judge, Saharanpur, 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 decided, 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 applicants to file the proceedings for compounding under Section 147 of N.I. Act by 5.09.2025 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 applicants with respect to the further proceedings of Complaint Case No. 1615 of 2019 (M/s Siddharth Traders Versus Echo Ply Pvt. Ltd. and others) under section 138 of Negotiable Instruments Act, Police Station- Kotwali Nagar, District- Saharanpur pending in the Court of In- charge Judge, Saharanpur. 5. The protection accorded to the applicants 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 :- 22.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad