Lala General Store vs State Of U.P. And Another
2023 Latest Caselaw 20768 ALL

Citation : 2023 Latest Caselaw 20768 ALL
Judgement Date : 4 August, 2023

Allahabad High Court

Lala General Store vs State Of U.P. And Another on 4 August, 2023

Bench: Anish Kumar Gupta





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:157328
 
Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 20797 of 2023
 

 
Applicant :- Lala General Store
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohammad Yaseen,Rakesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Praveen Kumar Singh,Syed Imran Ibrahim
 

 
Hon'ble Anish Kumar Gupta,J.

1. Heard Shri Mohammad Yaseen, Advocate learned counsel for the applicant and Shri Praveen Kumar, Singh, learned counsel for opposite party no.2 and Shri Brijesh Kumar Dwivedi, learned AGA for the State.

2. The instant application, under section 482 Cr.P.C has been filed by the applicant praying for quashing of the impugned summoning order dated 30.11.2021 passed by the Additional Chief Judicial Magistrate Court No.3, Varanasi in Complaint Case No.66 of 2020 (Firm Fashion Hub Vs. Rachna and others), under Section 138 Negotiable Instrument Act, Police Station Bhelupur, District Varanasi.

3. On the query made by this Court, as to whether, no offence is made out from the complaint, under section 138 of the Negotiable Instrument Act.

4. Learned counsel for the applicant submitted that from the complaint, it cannot be said that no offence is made out.

5. In view of the aforesaid, this Court does not find any ground for quashing the summoning order dated 30.11.2021.

6. Learned counsel for the applicant further submits that he is ready and willing to pay all the dues payable in the case, he prays for a direction for compounding of offence in terms of the judgment of the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H., 2010 (5) SCC 633.

7. Learned counsel for opposite party no.2 submits that since the offence under section 138 N.I. Act is compoundable offence, it is always open for the applicant to apply for compounding in terms of specific direction issued in the case of Damodar S. Prabhu (Supra).

8. In view thereof, this Court does not find any necessity to issue any direction as prayed, it is always open for the applicant to apply for compounding in accordance with law.

9. In view thereof, the instant application U/S 482 Cr.P.C is dismissed.

Order Date :- 4.8.2023

SFH