Lakhpat Singh Vs State of U.P. and Another

Court No. - 92

Case :- APPLICATION U/S 482 No. - 9763 of 2022

Applicant :- Lakhpat Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Chandra Kushwaha,Guru Prasad Singh,Puspha Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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1-Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash/set aside the summoning order dated 27.08.2021 as well as bailable warrant dated 24.03.2022 issued by the learned Judicial Magistrate/Additional Civil Judge (J.D.), Khurja, District Bulandshahr in complaint case no. 162 of 2021, under Section 138 of N.I. (Negotiable Instrument) Act, Police Station Chhatari, District Bulandshahr.

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3-Leaned counsel for the applicant has submitted that the applicant is ready to resolve the dispute amicably with Respondent No.2 and prays that opportunity may be given to the applicant for the same.

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Learned counsel for the applicant has also placed reliance upon judgments of the Apex Court in the cases of Damodar S. Prabhu Vs. Sayed Babalal H., 2010 (5) SCC 663 and M/s Meters and Instruments Private Limited and another vs. Kanchan Mehta, 2018(1) SCC 560 and further submitted that the Apex Court in the aforesaid cases has taken cognizance of the heavy pendency of the cases in the courts which may result ultimately in the chocking of criminal justice system. It has been urged that with the laudable object of providing the rival parties, who have hitherto locked their horns in litigation, an opportunity to arrive at a mutually agreeable settlement and put to an end to the escalating litigations, the compounding of the offence has not only been encouraged but in order to given incentive to do so at the earliest stage, certain guidelines have also been issued by the Hon'ble Supreme Court.

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Learned counsel for the applicant has also placed reliance upon the order of this Court dated 10.03.2022 passed in Application U/s 482 No.5469 of 2022, wherein the liberty has been given to the applicant to move bail application through counsel and the court concerned shall pass order in the light of judgement of the Apex Court in the cases of Damodar S. Prabhu (Supra) and M/s Meters and Instruments Private Limited and another (supra). This Court has also directed that till the decision

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given, no coercive measures shall be adopted against the applicants, so the present application may be decided in the light of order 10.03.2022 passed in Application U/s 482 No.5469 of 2022.

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Leaned A.G.A. has not disputed the prayer made by learned counsel for the applicants.

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7-As requested by the learned counsel for the applicant, it is directed that the accused may appear before the Court below within a period of one month 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 opportunity to the accused and the complainant which shall not exceed a maximum period of three months 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) as also the latest amendment made in the N.I. Act within a period of four months from today. If the decision of the Court given in the light of the application does not conclude the proceedings against the accused in that event accused will be required to appear and face the trial, the Court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits

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8-In the aforesaid period of four months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the applicant.

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9-It is made clear that no application for extension of time shall be entertained if this order is not availed by the applicant within the stipulated period of time.

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With the aforesaid observations/directions, this application under Section 482 Cr.P.C. is disposed of .

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Order Date :- 9.5.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.05.10 11:24:38 IST Reason: Location: High Court of Judicature at Allahabad

Lakhpat Singh v. State of U.P. and Another

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Lakhpat Singh v. State of U.P. and Another

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