Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36670 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Sri Mohammad Firoz Khan, 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 summoning
order dated 20.9.2018 passed by the Civil Judge (Senior Division)/Additional Chief Judicial Magistrate Kaushambi (contained in Annexure No.1 to the affidavit) as well as proceeding of Complaint Case No.668 of 2018, Mujeeb Ahmad versus Gulam Nabi Akhtar, under Section 138 Negotiable Instrument Act Police Station Kasari, District Kaushambi pending in the court of Civil Judge (Junior Division)/F.T.C.-I Kaushambi, 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. 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 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 summoning order dated 20.9.2018 passed by the Civil Judge (Senior Division)/Additional Chief Judicial Magistrate Versus Counsel for Applicant(s) : Mohammad Firoz Khan Counsel for Opposite Party(s) : G.A. Gulam Nabi Akhtar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Kaushambi (contained in Annexure No.1 to the affidavit) as well as proceeding of Complaint Case No.668 of 2018, Mujeeb Ahmad versus Gulam Nabi Akhtar, under Section 138 Negotiable Instrument Act Police Station Kasari, District Kaushambi pending in the court of Civil Judge (Junior Division)/F.T.C.-I Kaushambi.
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 N.S.Rathour NA528 No. 36670 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad