Allahabad High Court

Tejram Prajapati vs State Of U.P. And Another on 1 May, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69201
 
Court No. - 73
 

 
Case :- APPLICATION U/S 528 BNSS No. - 5137 of 2025
 

 
Applicant :- Tejram Prajapati
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satya Prakash Chaturvedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.

1. Sri Satya Prakash Chaturvedi, learned counsel for the applicant, on instructions, submits that though the application has been preferred to to quash the impugned summoning order dated 25.07.2022 passed by Chief Judicial Magistrate, Jalaun at Orai in complaint case no. 1796 of 2022, under section 138 N.I. Act, related to police station Kotwali Orai, District Jalaun, 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 applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 09.05.2025 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).

4. Till application be decided of 45 days, no coercive action shall be taken against the applicant with respect to the complaint case no. 1796 of 2022, under section 138 N.I. Act, related to police station Kotwali Orai, District Jalaun pending before the learned trial court.

5. The protection accorded to the applicant 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 :- 1.5.2025

Rajesh