Disposed¶¶9

Rajkumar Singh Tomar v. State of U.P. and Another

Allahabad HC11 Sept 2025A482/15158/2024

Case brief

AI extract

What is this about?

Section 482 quashing application disposed of; Section 138 N.I. Act complaint (Complaint Case No. 2517 of 2018, Ramesh Chandra Vs Rajkumar Singh Tomar); order dated 01.08.2019 by CJM Jhansi; compounding under Section 147 N.I. Act; Damodar S Prabhu Vs Sayed Babalal AIR 2010 SC 1907 relied upon; liberty to compound by 26.09.2025; no coercive action till decision; protection vacated on default; A.G.A. no objection.

What did the court decide?

Liberty to the applicant to prefer an application for compounding under Section 147 of the N.I. Act by 26.09.2025, to be decided with most expedition strictly in terms of Damodar S Prabhu; interim protection from coercive action till decision, conditional on compliance and liable to be vacated on default without reference to the Bench. ¶¶9

Rajkumar Singh Tomar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Section 482 application seeking quashing of Complaint Case No. 2517 of 2018 and the order dated 01.08.2019 of the Chief Judicial Magistrate, Jhansi could be disposed of by confining relief to compounding under Section 147 of the N.I. Act in terms of Damodar S Prabhu.

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Court's answer

The application stands disposed of granting liberty to the applicant to prefer an appropriate application for compounding under Section 147 of the N.I. Act by 26.09.2025; if so preferred, it shall be decided with most expedition strictly in terms of Damodar S Prabhu.

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Ratio / Principle

Till the compounding application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 2517 of 2018 and the order dated 01.08.2019 passed by the Chief Judicial Magistrate, Jhansi.

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Key takeaways

The protection accorded to the applicant is conditional on compliance with the terms, conditions and timeline fixed by the Court; in case of default the order shall stand vacated without reference to the Bench.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.) disposed of an application under Section 482 seeking quashing of Complaint Case No. 2517 of 2018 under Section 138 N.I. Act (P.S. Nawabad, District Jhansi) and the order dated 01.08.2019 of the Chief Judicial Magistrate, Jhansi. On the applicant's instruction, relief was confined to compounding under Section 147 of the N.I. Act in view of Damodar S Prabhu Vs Sayed Babalal, AIR 2010 SC 1907, to which the A.G.A. had no objection. Liberty was granted to move for compounding by 26.09.2025, to be decided with most expedition strictly in terms of that judgment; till then no coercive action was to be taken against the applicant, the protection being conditional on compliance with the terms and timeline and standing vacated on default without reference to the Bench.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 15158 of 2024

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Rajkumar Singh Tomar

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Fakhruzzaman
Counsel for Opposite Party(s)		: G.A.

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Court No. - 75

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HON'BLE VIKAS BUDHWAR, J.

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Ms. Falaq Wakeel (A/F 0428/2025) holding brief of Mr. Fakhrul Zaman, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the Complaint Case No. 2517 of 2018, and also quash the order dated 01.08.2019 passed by Learned chief Judicial Magistrate Jhansi, Under Section 138 N.I Act police station Nawabad District Jhansi, (Ramesh Chandra Vs Rajkumar Singh tomar and others), however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907 .

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Learned A.G.A. has no objection to the same.

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Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 26.09.2025, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S Prabhu (supra) .

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Till application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 2517 of 2018, and also quash the order dated 01.08.2019 passed by Learned chief Judicial Magistrate Jhansi, Under Section 138 N.I Act police station Nawabad District Jhansi, (Ramesh Chandra Vs Rajkumar Singh tomar and others).

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The protection accorded to the applicant is only available subject to

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A482 No. 15158 of 2024

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compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

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(Vikas Budhwar,J.)

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September 12, 2025

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A. Prajapati

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Rajkumar Singh Tomar v. State of U.P. and Another

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Rajkumar Singh Tomar v. State of U.P. and Another

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