Janardan Singh Proprietor M/S Archana ... vs State Of U.P. And Another
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Allahabad High Court

Janardan Singh Proprietor M/S Archana ... vs State Of U.P. And Another on 14 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:138698
 

 
Court No. - 75
 

 
Case :- APPLICATION U/S 528 BNSS No. - 26275 of 2025
 

 
Applicant :- Janardan Singh Proprietor M/S Archana Traders
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prashant Singh
 
Counsel for Opposite Party :- G.A.,Rajnish Sahai Saxena
 

 
Hon'ble Vikas Budhwar,J.
 

1. Sri Prashant Singh, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceeding and impugned Non-Bailable Warrant order dated 12.05.2022 and the impugned summoning order dated 02.09.2021 issued by learned Metropolitan Magistrate-10, Kanpur Nagar, in Complaint Case No. 92555 of 2021, (Raj Kumar Versus Janardan Singh) under sections 138 of Negotiable Instrument Act, Police Station: Pheelkhana, District: Kanpur Nagar, however, he has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded.

2. Learned A.G.A. as well as learned counsel for O.P. No.2 have no objection to the same.

3. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 05.09.2025 and the court below is directed to decide the same with most expedition.

4. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the Non-Bailable Warrant order dated 12.05.2022 and summoning order dated 02.09.2021 issued by learned Metropolitan Magistrate-10, Kanpur Nagar, in Complaint Case No. 92555 of 2021, (Raj Kumar Versus Janardan Singh) under section 138 of Negotiable Instrument Act, Police Station: Pheelkhana, District: Kanpur Nagar.

5. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

Order Date :- 14.8.2025

N.S.Rathour

(Vikas Budhwar, J)