Held that applicant to compromise under Damodar Prabhu within four weeks; proceedings to stay for eight weeks; application disposed of.
Directions to file compromise application within four weeks; proceedings stayed for eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- APPLICATION U/S 482 No. - 41852 of 2022
Applicant :- M/S Raj Electricals Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
The present 482 Cr.P.C. application has been filed for quashing the proceedings of Complaint Case No. 448 of 2022 (Prashant Awashthi vs. M/S Raj Electricals), under Section 138 N.I. Act, Police Station Kidwai Nagar, District Kanpur Nagar as well as the summoning order dated 11.4.2022 passed by Metropolitan Magistrate, Court No.10, Kanpur Nagar.
Learned counsel for the applicant submits that the applicant is ready to settle the dispute in the light of the judgment of the Apex Court in the case of DAMODAR S. PRABHU Vs. SAYED BABALAL H. reported in 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 within a period of four weeks from today and moves an appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below keeping in view the law laid down by the Apex Court in the case of DAMODAR S. PRABHU (Supra) within a further period of four weeks.
For a period of eight weeks from today further proceedings of aforesaid complaint case against the applicant shall remain stayed.
With the aforesaid observations, the application is disposed of.
Order Date :- 27.1.2023 P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing proceedings under Section 138 N.I. Act is maintainable in light of the volatility principle.
Colour shows how this judgement treated each authority
DAMODAR S. PRABHU Vs. SAYED BABALAL H.Followed¶6
DAMODAR S. PRABHU Vs. SAYED BABALAL H. 2010(5) SCC 663. · Who else cites this
2 provisions across 2 enactments
M/S Raj Electricals
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
