Disposed
Manoj Rishi v. State of U.P. and Another
Allahabad HCA482/7652/2021
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Case :- APPLICATION U/S 482 No. - 7652 of…
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Case :- APPLICATION U/S 482 No. - 7652 of…
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 7652 of 2021
Applicant :- Manoj Rishi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Kumar Shukla,Mithilesh Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Avanish Kumar Shukla, learned counsel for the applicant and Shri Pankaj Saxena, learned AGA-I for the Stateopposite party.
The present application under section 482 Cr.P.C. has been filed to quash the entire proceedings of the complaint case no. 8127/2019 (Anuj Tripathi Vs Manoj Rishi) under section 138 N.I. Act, Police Station-Nazirabad, District Kanpur Nagar, pending in the court of the Presiding Officer, Additional Court No. 2, Kanpur Nagar as well as summoning order dated 31.8.2020.
Counsel for the applicant, at the very outset submits that he does not wish to press his prayer for quashing the proceedings. The relief prayed for in this regard is accordingly not entertained.
Learned counsel further submits that the present proceedings have been initiated pursuant to a complaint under Section 138 of the Negotiable Instruments Act, 1881 pursuant to which the applicant was summoned in terms of an order dated 31.8.2020. Submission of the counsel is that the dispute is of a private nature relating to a commercial transaction and the applicant desires to settle the matter by compounding the offence as per the guidelines down in this regard in the case of Damodar S. Prabhu Vs Sayed Babalal H., (2010) 5 SCC 663.
Having regard to the aforesaid, the present application is disposed of leaving it open to the applicant to submit an appropriate application with regard to settlement by seeking compounding of the offence before the court below where the proceedings are stated to be pending.
Order Date :- 2.8.2021 Kirti
(Dr. Y.K. Srivastava, J)
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Damodar S. Prabhu Vs Sayed Babalal H.Referred¶9
Damodar S. Prabhu Vs Sayed Babalal H., (2010) 5 SCC 663 · Who else cites this
2 provisions across 2 enactments
Manoj Rishi
State of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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