Disposed

Sanjeev Kumar Rana v. State of U.P. and Another

Allahabad HC27 Mar 2023A482/5378/2023

Case brief

AI extract

What is this about?

The High Court refused to quash the summons and N.B.W. order under Section 138 NI Act. The court directed the applicant to apply for compounding within two weeks. No coercive measures were allowed for eight weeks.

What did the court decide?

Refused to quash summons and N.B.W.; directed applicant to apply for compounding within two weeks; no coercive measures for eight weeks.

Sanjeev Kumar Rana Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 5378 of 2023

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Applicant :- Sanjeev Kumar Rana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Rana,Chandra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned summoning order dated 4.12.2018 as well as non-bailable warrant order dated 05.08.2022 passed by learned Special Chief Judicial Magistrate, Meerut in Criminal Complaint Case No. 2176 of 2021 (Anil Kumar Bajaj vs. Sanjeev Kumar Rana) under Section 138 Negotiable Instrument Act, P.S. Brahampuri, District Meerut.

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At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He further submits that the applicant is ready to settle the dispute in light of the judgement of the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H. 2010 (5) SCC 663.

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Considering the submissions made by learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.

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However, so far as the last submission made by the counsel is concerned, in light of observations made by the Hon'ble Supreme Court in Damodar S. Prabhu (supra) , it is directed that the applicant may appear before the court below within a period of two weeks 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 applicant within two weeks thereafter. 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 ) within a period of eight weeks from today.

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If the decision of the Court given in light of the application does not conclude the proceedings against the applicant 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 applicant and take all necessary steps and measures to procure his attendance as the law permits.

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For a period of eight weeks or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused.

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

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With the aforesaid observations this application is disposed of.

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Order Date :- 27.3.2023 Anurag/-

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

Sanjeev Kumar Rana v. State of U.P. and Another

Case brief

What is this about?

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Sanjeev Kumar Rana v. State of U.P. and Another

Case brief

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