Himanshu Gupta vs State Of U.P. And Another
2022 Latest Caselaw 5557 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- APPLICATION U/S 482 No. - 7204 of 2022
 

 
Applicant :- Himanshu Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kamal Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant and learned AGA for the State.

The present 482 Cr.P.C. application has been filed praying for quashing of summoning order dated 11.12.2018 passed by learned Chief Judicial Magistrate, Baghpat and Non Bailable Warrant dated 15.02.2021 passed by learned Chief Judicial Magistrate, Baghpat as well as entire proceedings of Complaint Case No. 1366 of 2018 (Farukh Vs. Himanshu Gupta) under Section 138 Negotiable Instrument Act, Police Station- Baraut, District- Baghpat.

It is argued by the learned counsel for the applicant that in similar case in the application under section 482 Cr.P.C. No. 7250 of 2022, the coordinate bench of this court has passed the order dated 29.3.2022. The facts of both the cases are similar and the parties are also the same. These two cheques are said to be issued by the applicant. Learned counsel for the applicant wants to get his case decided on the basis of the law laid down in Damodar S. Prabhu Vs. Sayed Babalal H., 2010(5) SCC 663.

As the applicant is willing to get his case decided in the light of the judgment mentioned above, he is directed to appear before the trial court within a period of one month from today through his 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 specifically keeping in view the law laid down by the Apex Court in the case of Damodar 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 he is 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 his 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 u/s 482 Cr.P.C. has been moved in this Court.

With the aforesaid observations this application is disposed of.

Order Date :- 29.6.2022

Gss