Ravindra And Another vs State Of U.P. And Another
2025 Latest Caselaw 1064 ALL

Citation : 2025 Latest Caselaw 1064 ALL
Judgement Date : 17 May, 2025

Allahabad High Court

Ravindra And Another vs State Of U.P. And Another on 17 May, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:82670
 
Court No. - 73
 

 
Case :- APPLICATION U/S 528 BNSS No. - 9617 of 2025
 

 
Applicant :- Ravindra And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.

1. Shri Sunil Kumar Tiwari, learned counsel for the applicants, on instructions, submits that though the application has been preferred to quash the Complaint Case No. 140 of 2014 under section 138 The Negotiable Instruments Act 1881, Police Station Mawana, District Meerut, as well as summoning order dated 22.02.2016 passed by learned Judicial Magistrate, Meerut pending before the Learned Judicial Magistrate Mawana, Meerut, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907.

2. Learned A.G.A. has no objection to the same.

3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicants to prefer appropriate application for compounding under Section 147 of N.I. Act by30.05.2025 and on the submission of the same, the court below shall decide the same within 45 days and, in case, such proceeding is preferred before the court concerned, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S Prabhu (supra).

5. Till the application is decided, no coercive action shall be taken against the applicants with respect to Complaint Case No. 140 of 2014 under section 138 The Negotiable Instruments Act 1881, Police Station Mawana, District Meerut, as well as summoning order dated 22.02.2016 passed by learned Judicial Magistrate, Meerut pending before the Learned Judicial Magistrate Mawana, Meerut..

6. The protection accorded to the applicants is only available subject to compliance of the 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 :- 17.5.2025

A. Prajapati