Nabi Ahmad @ Babu Bhai vs State Of U.P. And Another
2023 Latest Caselaw 13061 ALL

Citation : 2023 Latest Caselaw 13061 ALL
Judgement Date : 26 April, 2023

Allahabad High Court

Nabi Ahmad @ Babu Bhai vs State Of U.P. And Another on 26 April, 2023

Bench: Shekhar Kumar Yadav




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 8376 of 2023
 

 
Applicant :- Nabi Ahmad @ Babu Bhai
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lal Bahadur Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire criminal proceeding of Complaint Case No. 987 of 2019 (Mohammad Akhtar Vs Nabi Ahmad @ Babu Bhai), under Section 138 N.I. Act, Police Station Saraikhawaza, District Jaunpur along with summoning order.

Learned counsel for applicant submits that a fake complaint has been filed against the applicant by the complainant / opposite party no. 2 showing the dishonour of cheque. The applicant has challenged the summoning order passed by the Magistrate concerned. Although, issuance of cheque in favour of complainant by the applicant is not admitted at this stage but he wants to get settle his dispute with the opposite party no. 2 relying the judgment of Damodar S. Prabhu v. Sayed Babalal H., 2010(5) SCC 663.

Learned AGA opposed the submission made by learned counsel for applicant and submitted that readiness to settle his dispute or to pay the entire amount of cheque is not a ground of quashing the summoning order.

Considering the rival submissions made by learned counsel for both the parties, it is directed that applicant shall approach the Court below to get the dispute settled by way of proper application in view of law laid down in the case of Damodar S. Prabhu v. Sayed Babalal H. (supra) and the court below shall consider and decide the case, if any such application is filed before it, in view of law laid down in the case of Damodar S. Prabhu v. Sayed Babalal H. (supra), within a period of two months in accordance with law.

For a period of two months, no coercive steps shall be taken against the applicant.

In view of above, the application under Section 482 Cr.P.C. stands disposed of.

Order Date :- 26.4.2023

RavindraKSingh