Disposed

Smt Geeta Krishan v. State of U.P. and Another

Allahabad HC5 Jul 2024A482/15028/2024

Case brief

AI extract

What is this about?

Single judge granted an application under Section 482 Cr.P.C. in a cheque dispute case. Instead of quashing proceedings, the court directed the applicant to deposit the cheque amount and compounding fees before the trial court within two weeks to enable compounding.

What did the court decide?

Direction to deposit cheque amount and compounding fees before trial court within two weeks for compounding of offence.

Smt Geeta Krishan vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140398 HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.6)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 15028 of 2024

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Applicant :- Smt Geeta Krishan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Fakhruzzaman, learned counsel for the applicant and Sri Mohd. Shoeb Khan, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 24.08.2021 as well as the entire proceeding of Complaint Case No. 1680 of 2021 (Parshuram Jha vs. Smt. Geeta Krishan), under Section 138 of the Negotiable Instruments Act (in short the 'N.I.Act'), P.S. Sipri Bajar, Distirct Jhansi, pending before the court of Judicial Magistrate, Court No.2, Jhansi.

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Learned counsel for the applicant without disputing the liability as well as the issuance of cheque submits that an opportunity be granted to the applicant herein to compound the offence in terms of the observations made by the Apex Court in Damodar S Prabhu vs. Syed Babalal H., (2010)5 SCC 663 as well as M/S Meters and Instruments Private Limited & Anr. Vs Kanchan Mehta, 2017 (7) SC 558.

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In view thereof, without adverting to the merits of the case, the instant application is disposed of with a direction to the applicant to appear before the trial court concerned along with a demand draft of the cheque amount as well as the compounding fees in terms of the aforesaid judgments before the trial court within two weeks from today.

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If the applicant deposits the aforesaid cheque amount plus the compounding fees within the aforesaid period of two weeks, the trial court shall proceed to compound the offence in terms of the aforesaid judgments. If the applicant fails to deposit the amount as directed, the trial court may proceed with the matter in accordance with law.

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With the aforesaid direction, the instant application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 30.8.2024 Ashish Pd.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Smt Geeta Krishan v. State of U.P. and Another

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Smt Geeta Krishan v. State of U.P. and Another

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