Citation : 2023 Latest Caselaw 875 ALL
Judgement Date : 9 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 26673 of 2022 Applicant :- Megha Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Singh,Arun Kumar Tiwari Counsel for Opposite Party :- G.A.,Nagendra Pratap Singh Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the impugned summoning order dated 10.09.2021 passed by Judicial Magistrate, Court No.4, Allahabad in Criminal Complaint Case No.1565 of 2020, under Section 138 Negotiable Instrument Act, 1881, Police Station Civil Lines, District Allahabad as well as entire criminal proceedings of Criminal Complaint Case No.1565 of 2020, under Section 138 Negotiable Instrument Act, 1881, Police Station Civil Lines, District Allahabad.
Learned counsel for the applicant submits that the applicant is ready to settle the dispute with opposite party no.2 in the light of the judgment of the Apex Court in the case of Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663.
Considering the facts and circumstances of the case, it is hereby directed that in case the applicant appears before the Court below within a period of one week from today and move an appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below, expeditiously, keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra).
With the aforesaid observations, the application is disposed of.
Order Date :- 9.1.2023
Ajeet
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