HC Court on 16.2.2023 disposed of an application under Section 482 Cr.P.C. seeking quashing of summons in a cheque dishonour case. Court directed applicant to compromise and move appropriate application for settlement in default of which case would proceed.
Case dismissed for want of further steps by applicant. No order on application to quash.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 41716 of 2022
Applicant :- Prabal Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbeer Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Balbeer Singh, learned counsel for the applicant and learned Additional Government Advocate for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceeding of Complaint Case No.10115 of 2021 (CNR No.UPAG040357452021 filing no.35726 of 2021) under Section 138 N.I. Act, Police Station Tajganj, District Agra as well as impugned summoning order dated 01.09.2021.
Learned counsel for the applicant submits that the applicant is ready to settle the dispute with opposite party no.2 in the light of the judgment of the Apex Court in the case of Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663.
Considering the facts and circumstances of the case, it is hereby directed that in case the applicant appears before the Court below and move an appropriate application to compromise the matter, the same shall be considered and disposed of expeditiously by the Court below keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) .
With the aforesaid observations, the application is disposed of.
Order Date :- 16.2.2023
Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned summoning order in a Section 138 N.I. Act complaint case should be quashed or set aside.
Colour shows how this judgement treated each authority
Damodar S. Prabhu vs. Sayed Babalal HReferred¶7
Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663 · Who else cites this
2 provisions across 2 enactments
Prabal Jain
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
