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2025 DAILYLAW 93265 (ALL)

ANJANI KUMAR MISHRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34178/2025 · 2025-09-15

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34178 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Learned counsel for the applicants, on instructions, submits that though the application has been preferred to quash the entire criminal proceeding including the impugned Summoning order dated 5.2.2025 passed by Ld. Additional Chief Judicial Magistrate Court No.2 Meerut in Complaint Case No. 73/2025 (M/S Agriculture House Versus Sona Enterprises and others) Under Section 138 of The Negotiable Instruments Act 1881, Police Station T.P. Nagar, District- Meerut, pending in the Court of Ld. Additional Chief Judicial Magistrate Court No.2, Meerut, 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 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 09.10.2025 and 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 disposal of compounding application, no coercive action shall be taken against the applicant with respect to Complaint Case No. 73/2025 ( M / S Agriculture House Versus Sona Enterprises and others), Under Section 138 of The Negotiable Instruments Act 1881, Police Station T.P. Nagar, Versus Counsel for Applicant(s) : Avanish Kumar Agnihotri, Diwakar Tiwari Counsel for Opposite Party(s) : G.A. Anjani Kumar Mishra And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) District- Meerut pending in the Court of Ld. Additional Chief Judicial Magistrate Court No.2 Meerut. 5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. 6. Supplementary affidavit filed today is taken on record. September 16, 2025 Rajesh NA528 No. 34178 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad