Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 92351 (ALL)

RAJENDRA KUMAR SHARMA v. STATE OF U.P. AND ANOTHER

NA528/34301/2025 · 2025-09-09

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34301 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Ram Milan Dwivedi, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the proceeding of the Complaint Case No.500/IX/2024 (Buddha Vilash Versus Rajendra Kumar), under Section-138 N.I. Act, Police Station- Atarra, District-Banda, pending in the Court of the learned Judicial Magistrate, Atarra-Banda as well as impugned summoning order dated 11.12.2024, however, he has made a statement at Bar that the applicant has made entire payment of Rs.27,00,000/- and as per instructions, submits that he would approach the court below for compounding of the offences under 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. 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 26.09.2025 and the court below is directed to decide the same with most expedition. 4. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the proceeding of the Complaint Case Versus Counsel for Applicant(s) : Anil Kumar Dubey, Ram Milan Dwivedi Counsel for Opposite Party(s) : G.A. Rajendra Kumar Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) No.500/IX/2024 (Buddha Vilash Versus Rajendra Kumar), under Section- 138 N.I. Act, Police Station- Atarra, District-Banda, pending in the Court of the learned Judicial Magistrate, Atarra-Banda as well as impugned summoning order dated 11.12.2024. 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. September 10, 2025 N.S.Rathour NA528 No. 34301 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad