Disposed

Ashish Kumar Sharma v. State of U.P.

Allahabad HC2 Dec 2022A482/24467/2022

Case brief

AI extract

What is this about?

In the present criminal miscellaneous application under Section 482 Cr.P.C., the court directed the trial court to modify the summons to allow the accused to apply for compounding under the Damodar S. Prabhu guidelines without immediate costs if made at the initial hearings.

What did the court decide?

The fraud summons was to be modified to allow the applicant to apply for compounding under the Damodar S. Prabhu guidelines; compounding may be allowed without costs if applied for at the first or sec

Ashish Kumar Sharma Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 24467 of 2022

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Applicant :- Ashish Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Rekha Yadav,Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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This application U/s 482 Cr.P.C. has been filed to quash the entire proceeding including summoning order dated 30.5.2022 in case no. 777 of 2022 (Goyal T.V. Centre vs. Ashish Kumar Sharma) under Section 138 of N.I. Act, P.S. Kankarkhera, District Meerut pending in the Court of Judicial Magistrate/Addl. Civil Judge (J.D.) Court No. 4, Meerut.

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Learned counsel for the applicant submitted that offence is of compoundable nature and applicant is willing to move application for compounding of the offence. Learned counsel further submitted that he is confining his prayer only to the extent that as offence is compoundable, direction be issued to the trial court to act as per guidelines in the case of Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663.

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Considering the submission and prayer of the applicant, no purpose will be served in issuing notice to opposite party no.2. The matter can be disposed of at this stage with a proper direction in the light of Damodar S. Prabhu case (Supra).

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In Damodar S. Prabhu case, the hon'ble Supreme Court has given the following guidelines:

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"(i) In the circumstances, it is proposed as follows:

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(a) That directions can be given that the writ of summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused.

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(b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount

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to be deposited as a condition for the compounding with the Legal Services Authority, or such authority as the court deems fit.

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(c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.

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(d) Finally, if the application for compounding is made before this Supreme Court, the figure would increase to 20% of the cheque amount."

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Hence direction is issued that if any application is moved by the applicant for compounding, the same shall be disposed of by the trial court in accordance with the aforesaid guidelines.

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Accordingly, this criminal misc. application filed U/s 482 Cr.P.C. stands disposed of in the aforesaid terms.

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Order Date :- 2.12.2022 Masarrat

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Digitally signed by MASARRAT HUSAIN Date: 2022.12.02 16:36:44 IST Reason: Location: High Court of Judicature at Allahabad

Ashish Kumar Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashish Kumar Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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