High Court directed the applicant to appear before the Chief Judicial Magistrate within four weeks to move a compromise application under the Damodar S. Prabhu judgment. Proceedings were stayed for eight weeks.
Directs applicant to appear within four weeks to move compromise application; proceedings stayed for eight weeks.
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Court No. - 55
Case :- APPLICATION U/S 482 No. - 3315 of 2018
Applicant :- Lalaram Kashyap Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jitendra Kumar Yadav, learned counsel for the applicant and Sri Abhinav Prasad, learned AGA for the Stage.
This 482 Cr.P.C. application has been filed with a prayer to quash the summoning order dated 6.10.2016 passed by the learned Chief Judicial Magistrate, Pilibhit passed in Complaint Case No.8472 of 2016, under Section 138 Negotiable Instruments Act, Police Station Sungarhi, District Pilibhit.
Learned counsel for the applicant submits that the applicant is ready to settle the dispute in the light of the judgment of the Apex Court in the case of DAMODAR S. PRABHU Vs. SAYED BABALAL H. reported in 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 four weeks from today and moves an appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below keeping in view the law laid down by the Apex Court in the case of DAMODAR S. PRABHU (Supra) within a further period of four weeks.
For a period of eight weeks from today further proceedings of aforesaid complaint case against the applicant shall remain stayed.
With the aforesaid observations, the application is disposed of.
Order Date :- 17.11.2018 Dev/-
2 issues framed by the court
Whether the proceedings under Section 138 of the Negotiable Instruments Act should be quashed based on the judgment of Damodar S. Prabhu.
Whether the applicant is allowed time to appear before the Court below to move an application to compromise the matter.
Colour shows how this judgement treated each authority
DAMODAR S. PRABHU Vs. SAYED BABALAL H.Explained¶7
DAMODAR S. PRABHU Vs. SAYED BABALAL H. 2010(5) SCC 663 · Who else cites this
1 provisions across 1 enactments
Lalaram Kashyap
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
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