Citation : 2025 Latest Caselaw 10023 ALL
Judgement Date : 1 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:153161
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 6655 of 2025
Mrs. Manju Singh Parmar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ravi Shankar Mishra, Vijay Kumar Mishra
Counsel for Opposite Party(s)
:
G.A., Shivangi Singh
Court No. - 75
HON'BLE VIKAS BUDHWAR, J.
1. Learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the order dated 16.11.2023 passed by Additional Judge-4, Agra in Complaint Case No.17631 of 2023 (M/s. Laxmi Chemicals Vs. M/s. Kejar India F.M.C.C. Marketing Pvt.Ltd.) under Section 138 Negotiable Instrument Act, Police Station Hariparvat, District Agra, pending in the Court of Additional Court Agra, 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. as well as counsel for opposite party no. 2 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 19.09.2025 and 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 is decided, no coercive action shall be taken against the applicant with respect to the order dated 16.11.2023 passed by Additional Judge-4, Agra in Complaint Case No.17631 of 2023 (M/s. Laxmi Chemicals Vs. M/s. Kejar India F.M.C.C. Marketing Pvt.Ltd.) under Section 138 Negotiable Instrument Act, Police Station Hariparvat, District Agra.
5. 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.
(Vikas Budhwar,J.)
September 1, 2025
Rajesh
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