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2025 DAILYLAW 96424 (ALL)

AJAY KUMAR v. STATE OF U.P. AND ANOTHER

NA528/35454/2025 · 2025-09-15

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35454 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Umeash Singh, 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 entire criminal proceeding of Complaint Case No. 6941 of 2015 (Tarun Batala Vs. Ajay Proprietor), U/s 138 N.I. Act as well as summoning order dated 18.10.2015, pending before the Court of learned Civil Judge (Senior Division), F.T.C., Hapur, however, he has made a statement at Bar that as per instructions received by him, the applicant 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. Sri Abhishek Tripathi, 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 09.10.2025 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 criminal proceeding of Complaint Case No. 6941 of 2015 (Tarun Batala Vs. Ajay Proprietor), U/s 138 N.I. Act as well as summoning order dated 18.10.2015, pending before the Court of learned Civil Judge (Senior Division), F.T.C, Hapur. Versus Counsel for Applicant(s) : Praveen Kumar Shukla, Umesh Singh Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 16, 2025 N.S.Rathour NA528 No. 35454 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad