Allahabad High Court
Kamlesh Chandra Sharma Alias ... vs State Of U.P. And Another on 11 July, 2022
Bench: Om Prakash Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 15270 of 2022
Applicant :- Kamlesh Chandra Sharma Alias Kamlesh Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sushil Kumar Dubey
Counsel for Opposite Party :- G.A.,Devesh Kumar Verma,Sheetal Verma
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party no. 2.
This application has been filed under Section 482 Cr.P.C. against the summoning order dated 02.09.2021 passed by Special Chief Judicial Magistrate, Kanpur Nagar in Case No.93874 of 2021 (Smt. Archana Devi vs. Sri Kamlesh Chandra Sharma and others) under Section 138 Negotiable Instrument Act, pending in the Court of Metropolitan Magistrate, Court No.10, Kanpur Nagar.
Learned counsel for the applicant submitted that the applicant is ready to pay the amount to the opposite party no.2 and wants to compound the case pending before the trial Court.
Learned counsel for the applicant relied upon the judgment of the Apex Court in Damodar S. Prabhu v. Sayed Babalal H, AIR 2010 Supreme Court 1907, wherein the Court held that " dishonour of cheque- compounding of offence- tendency of parties to go for compounding at late stage of proceedings - putting unnecessary strain on judicial system - absence of guidance in Section 147 - Supreme Court directed courts to impose graded costs on litigants to encourage them to go for early compounding".
Learned counsel for the applicant also relied upon an judgment of this Court in Kamlesh Chandra Sharma Alias Kamlesh Sharma vs. State of U.P. and another, passed in Application No.482 No.15065 of 2022 on 17.06.2022.
In view of the above facts and circumstances of the case as well as the submissions made by the learned counsel for the parties, it is directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence, through compromise. On such application being moved the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. Thereafter the court shall pass necessary orders specially keeping in view the law laid down by the Apex Court in the case of Domodar S. Prabhu (Supra) within a period of five months from today.
If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and they are further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure their attendance as the law permits.
In the aforesaid period of five months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused.
It is made clear that no application for extension of time shall be entertained if this order is not availed by the accused in the stipulated period of time.
It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application has been moved in this Court.
With the aforesaid observations, this application is disposed of.
Order Date :- 11.7.2022
Monika
