Ram Karan v. State of U.P. and Another

Neutral Citation No. - 2024:AHC:168897

Court No. - 79

Case :- APPLICATION U/S 482 No. - 19111 of 2024

Applicant :- Ram Karan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Vinay Kumar Pandey, learned counsel for the applicant and Sri Uday Bhan, learned AGA for the State.

1. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.1219 of 2022, Ram Sagar Vs. Ram Karan, under Section-138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Mutthiganj, DistrictAllahabad, pending in the court of Additional Chief Judicial Magistrate 9th, Allahabad, as well as summoning order dated 01.05.2023.

1. Learned counsel for the applicant submits that applicant is ready to settle the dispute and wants to file compounding application u/s 147 of the Act, 1881 before the trial court. The Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663 had observed that if the accused persons under the proceeding of 138 of the Act, 1881 did not file the application for compounding on the first date or on the second date, then the court may permit him to file compounding application with the cost of 10% of the cheque amount.