Allahabad High Court
Atahar (Proprietor Atahar ... vs State Of U.P. Thru. Prin. Secy. ... on 2 June, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- APPLICATION U/S 482 No. - 3448 of 2022
Applicant :- Atahar (Proprietor Atahar Footwear)
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Another
Counsel for Applicant :- Arshad Jameel,Mohammad Naseem
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
1-Heard learned counsel for the applicant, learned AGA for the State and perused the record.
2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding of non bailable warrant order dated 08.03.2022 as well as summoning order dated 22.03.2021 passed by learned Additional court no. 7th Lucknow in complaint case no. 39541/2020, under Section 138 Negotiable Instrument Act, P.S. Gosainganj, District Lucknow.
3-Learned counsel for the applicant has submitted that the applicant is ready to resolve the dispute amicably with respondent No. 2 and prays that opportunity may be given to the applicant for the same.
4-Learned counsel for the applicant has also placed reliance upon judgments of the Apex Court in the cases of Damodar S. Prabhu Vs. Sayed Babalal H., 2010 (5) SCC 663 and M/s Meters and Instruments Private Limited and another vs. Kanchan Mehta, 2018(1) SCC 560 and further submitted that Hon'ble the Apex Court in the aforesaid cases has taken cognizance of the heavy pendency of the cases in the courts which may result ultimately in the chocking of criminal justice system. It has been urged that with the laudable object of providing the rival parties, who have hitherto locked their horns in litigation, an opportunity to arrive at a mutually agreeable settlement and put to an end to the escalating litigations, the compounding of the offence has not only been encouraged but in order to give incentive to do so at the earliest stage, certain guidelines have also been issued by the Hon'ble Supreme Court.
5-Learned counsel for the applicant has also placed reliance upon the order of this Court dated 10.03.2022 passed in Application U/s 482 No.5469 of 2022, wherein the liberty has been given to the applicant to move bail application through counsel and the court concerned shall pass order in the light of judgement of the Apex Court in the cases of Damodar S. Prabhu (Supra) and M/s Meters and Instruments Private Limited and another (supra). This Court has also directed that till the decision given, no coercive measures shall be adopted against the applicants, so the present application may be decided in the light of order 10.03.2022 passed in Application U/s 482 No.5469 of 2022.
6-Leaned A.G.A. has not disputed the prayer made by learned counsel for the applicant.
7-As requested by the learned counsel for the applicant, 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 opportunity to the accused and the complainant which shall not exceed a maximum period of three months from today to make an endeavour in this direction. Thereafter, the Court shall pass necessary orders specifically keeping in view the law laid down by Hon'ble the Apex Court in the case of Damodar S. Prabhu (supra) as also the latest amendment made in the N.I. Act within a period of four months from today. If the decision of the Court given in the light of the application does not conclude the proceedings against the accused in that event accused will be 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 his attendance as the law permits.
8-In the aforesaid period of four months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the applicant.
9-It is made clear that no application for extension of time shall be entertained if this order is not availed by the applicant within the stipulated period of time.
10-With the aforesaid observations/directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 2.6.2022
Nitesh
