Mohd Nadeem Vs State of U.P. and Another

Court No. - 72

Case :- APPLICATION U/S 482 No. - 40296 of 2022

Applicant :- Mohd Nadeem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shantanu Pandey,Shashi Kant Pandey

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Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi

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Hon'ble Umesh Chandra Sharma, J.

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Heard learned counsel for the applicant and the learned AGA appearing on behalf of the State.

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A perusal of the impugned complaint and the summoning order does not disclose any such manifest illegality or jurisdictional error or an abuse of process of Court so as to call for interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. It is a case under Section 138 Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings.

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It will, however, open to the applicant to appear before the Magistrate and pray for compounding the case in accordance with principles laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663. In case, the applicant appears before the Magistrate within one month from the date through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of the application in accordance with law bearing in mind the relevant directions in Damodar S. Prabhu (supra) . If the orders made do not work to bring proceedings to an end in accordance with law, the trial shall proceed and brought to its logical conclusion, where the applicant will have all defences open to him under the law. For a period of five months or till disposal of the application seeking to record compromise, no coercive steps shall be adopted against the applicants.

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The application is disposed of in terms of the aforesaid orders.

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Order Date :- 22.2.2023 Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Mohd Nadeem v. State of U.P. and Another

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Mohd Nadeem v. State of U.P. and Another

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