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2025 DAILYLAW 98126 (ALL)

OM PRIYA UTTAM v. STATE OF U.P. AND ANOTHER

NA528/36822/2025 · 2025-09-22

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. - 36822 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Pradeep Kumar Srinette, learned counsel for the applicant as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the Non Bailable warrant dated 23.01.2025, Summoning Order dated 08.05:2024, as well as entire proceedings of Complaint case No. 4810 of 2024 under section 138 N.I. Act, Police Station Bilari, District Moradabad pending before the court of additional court 138 N.I. Act/M.V. Act, Moradabad, 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 preferred, 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 applicant to file the proceedings for compounding under Section 147 of N.I. Act by 16.10.2025 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 applicant with respect to the entire proceedings of Complaint case No. 4810 of 2024 under section 138 N.I. Act, Police Station Bilari, District Moradabad pending before the court of additional Versus Counsel for Applicant(s) : Piyush Pandey, Pradeep Kumar Srinette Counsel for Opposite Party(s) : G.A. Om Priya Uttam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) court 138 N.I. Act/M.V. Act, Moradabad. 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 23, 2025 piyush NA528 No. 36822 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad