Sandesh Chandra Gupta v. State of U.P. and Another
Case brief
What is this about?
The court refused the prayer to quash proceedings under Section 482 Cr.P.C. involving a cheque bounce case under Section 138 NI Act, but directed the accused to approach the lower court within two weeks to seek compounding in light of Damodar S. Prabhu. No coercive measures shall be adopted during ten weeks or until the decision.
What did the court decide?
Refused prayers for quashing and summoning; directed accused to seek compounding within 14 days; no coercive measures for 10 weeks.
What the court decided
Court No. - 79
Case :- APPLICATION U/S 482 No. - 2980 of 2021
Applicant :- Sandesh Chandra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Nikhil Chaturvedi, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceedings of Complaint Case No. 1004 of 2019 (Vijay Kumar Badhwa Vs. Sandesh Chandra Gupta), under Section 138 of Negotiable Instrument Act, Police Station Navabad, District Jhansi, as well as the order dated 23.10.2020.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He further submits that the applicant is ready to settle the dispute in light of the judgement of the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H. 2010 (5) SCC 663 .
Considering the submissions made by learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.
However, so far as the last submission made by the counsel is concerned, in light of observations made by the Hon'ble Supreme Court in Damodar S. Prabhu (supra), it is directed that the accused may appear before the court below within a period of two weeks from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved, the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of eight weeks from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a period of ten weeks from today.
Issues for consideration
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. seeking quashing of proceedings and a summoning order can be compounding of the offence under the Negotiable Instruments Act.
Whether the accused can be given time to approach the lower court to compound the offence and avoid coercive measures.
Parties & counsel
- applicant
Sandesh Chandra Gupta
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/2980/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court