The court disposed of the application to quash a summoning order in a cheque dishonour case by directing the accused to approach the trial court for compounding via mediation. Coercive measures were stayed for five months.
Coercive measures stayed for five months; accused directed to seek compounding in trial court.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 42429 of 2022
Applicant :- Sachin Gupta Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the impugned summoning order dated 06.01.2022 passed by the Civil Judge (Junior Division), F.T.C. (C.A.W.), Kanpur Nagar in Complaint Case No.117234 of 2021 (M/S Shyam Lal Ramkishan Vs. M/S Sachin Enterprises), under Section 138 of Negotiable Instruments Act, P.S. Kotwali, District Kanpur Nagar with an alternative prayer to stay the further proceedings of the above mentioned case.
Learned counsel for the applicant submits that this matter can be settled through the process of Mediation/compounding in accordance with the directions issued by the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663.
As requested by the counsel for the parties, 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 further opportunity to the accused which shall not exceed a maximum period of four 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).
If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further 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.
In the aforesaid period of five months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused/applicant.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations this application is disposed of .
Order Date :- 21.2.2023 Pawan Patel
Digitally signed by :- PAWAN KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the proceedings under Section 138 of the Negotiable Instruments Act should be stayed to allow for compounding of the offence.
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Damodar S. Prabhu Vs. Sayed Babulal H.Referred¶8
Damodar S. Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663 · Who else cites this
1 provisions across 1 enactments
Sachin Gupta
State Of U.P
Umesh Chandra Sharma
As recorded by the court registry
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