Allowed

Vikash Trading Company and Another v. State of U.P. and Another

Allahabad HC3 Dec 2022A482/36749/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. filed to quash proceedings and summoning order in a cheque bounce case. The court directed the trial court to allow compounding of the offence based on the guidelines laid down in Damodar S. Prabhu case, instead of issuing further notices.

What did the court decide?

Directed trial court to dispose of compounding application as per Damodar S. Prabhu guidelines; Criminal Misc Application disposed of.

Vikash Trading Company and Another Vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 36749 of 2022

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Applicant :- Vikash Trading Company And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Mishra,Krishna Kant Tiwari

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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 applicants, learned AGA for the State and perused the material on record.

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The present 482 Cr.P.C. application has been filed praying for quashing entire proceeding as well as summoning order dated 21.12.2020 passed by Civil Judge (J.D.)-1st/Judicial Magistrate, Bulandshahr in Complaint Case No. 4251 of 2020 (Super Trading Company Vs. Vikash Trading Company & another) under Section 138 of Negotiable Instruments Act, Police Station Kotwali Nagar, District Bulandshahr.

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Learned counsel for the applicants submitted that offence is of compoundable nature and applicants are 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 applicants, 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

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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 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 :- 3.12.2022

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MN/-

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Digitally signed by MAHENDRA NATH Date: 2022.12.05 10:31:10 IST Reason: Location: High Court of Judicature at Allahabad

Vikash Trading Company and Another v. State of U.P. and Another

Case brief

What is this about?

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Vikash Trading Company and Another v. State of U.P. and Another

Case brief

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