Disposed

Dr Lal Singh v. State of U.P. and Another

Allahabad HC12 Jul 2024A482/22216/2024

Case brief

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What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of quantum of Section 138 N.I. Act proceedings. The applicant admitted liability. The court directed the applicant to deposit the cheque amount and compounding fees within two weeks before the trial court to compound the offence.

What did the court decide?

Direction to the applicant to appear before the trial court with a demand draft of the cheque amount and compounding fees within two weeks to compound the offence.

Dr Lal Singh vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140406

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.21)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 22216 of 2024

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Applicant :- Dr Lal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Ashish Goyal, learned counsel for the applicant and Sri Pankaj Srivastava, 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 entire proceeding of Complaint Case No. 2966 of 2010 (Anoop Gupta vs. Lal Singh), under Section 138 of the Negotiable Instruments Act (in short the 'N.I.Act'), P.S. Etmaddaula, Distirct Agra, pending before the court of Additional Court No.3, Agra.

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Learned counsel for the applicant without disputing the liability as well as the issuance of cheque submits that applicant is ready and willing 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 terms of the aforesaid judgments.

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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

Dr Lal Singh v. State of U.P. and Another

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Dr Lal Singh v. State of U.P. and Another

Case brief

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