Prem Pal vs State Of U.P And Another
2022 Latest Caselaw 5686 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 17913 of 2022
 

 
Applicant :- Prem Pal
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Bhaskar Bhadra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for the applicant and the learned A.G.A.

By means of this present application, the applicant has prayed for quashing the entire proceedings of Complaint Case No.1634 of 2017,under Sections 138 of Negotiable Instruments Act, Police Station-Aonla, District-Bareilly, (Manoj Kumar Maurya Vs. Prempal) pending in the Court of learned Judicial Magistrate First, Aonala, District-Bareilly and summoning order dated 5.1.2022 in the aforesaid case.

Learned counsel for the applicant has confined his payer to the extent that in case an application is moved for compounding by the applicant, same may be considered in accordance with the guidelines mentioned by the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H, AIR 2010 SC 1907.

Learned counsel for the applicant submitted that the applicant has not appeared till date, but the summoning order was passed on 5.1.2022.

In view of the above submission while rejecting the prayers made in this application, this application is disposed of with the direction that in case an applicant appears and files a bail application as well as application for compounding, same shall be considered in accordance with law considering the judgment passed by the Supreme Court in the case of Damodar S. Prabhu Vs. Syed Babalal H, (supra).

Order Date :- 30.6.2022

SB