Abhishek Kumar vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Abhishek Kumar vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions to the applicant to file the original deed of compromise dated 10.2.2025 together with an application to compound the offence under Section 147 N.I. Act before the court below within 15 days; the court below to verify the compromise and permit compounding within one month of receiving the original deed; no coercive action against the applicant for a period of 1-1/2 months.

Issue for consideration

Whether the impugned summoning order dated 21.05.2024 and the entire proceedings of Complaint Case No. 1526 of 2024 (Shobharam Vs. Abhishek Kumar) under Sections 138 Negotiable Instrument Act, 1881, pending before the Additional Chief Judicial Magistrate-I, Gautambudh Nagar, ought to be quashed. +1 more

Court's answer

Interim protection: for a period of 1-1/2 months no coercive action shall be taken against the applicant in the pending complaint case.

Ratio / Principle

The offence under Section 138 N.I. Act being compoundable, the Court disposed of the Section 482 Cr.P.C. application with a direction to the applicant to file the original deed of compromise before the court below along with an application to compound the offence under Section 147 of N.I. Act within 15 days.

Key takeaways

If such application along with the compromise affidavit is filed, the court below shall verify it and permit the parties to compound the offence under Section 147 N.I. Act.ratio¶11
The compounding exercise shall be concluded by the court below within a period of one month of receiving the original deed of compromise.ratio¶12

Detailed headnote1 paragraphs

Quashing sought under Section 482 Cr.P.C. of the summoning order dated 21.05.2024 and the entire proceedings of Complaint Case No. 1526 of 2024 (Shobharam Vs. Abhishek Kumar) under Sections 138 Negotiable Instrument Act, 1881, pending before the Additional Chief Judicial Magistrate-I, Gautambudh Nagar — parties settled their dispute amicably, evidenced by written compromise dated 10.2.2025 annexed to the counter affidavit of opposite party no.2 — offence under Section 138 N.I. Act is compoundable — application disposed of with direction to the applicant to file the original deed of compromise along with an application under Section 147 of N.I. Act before the court below within 15 days — court below to verify the compromise and permit compounding under Section 147 N.I. Act, concluding the exercise within one month of receiving the original deed — no coercive action against the applicant for a period of 1-1/2 months (Arun Kumar Singh Deshwal, J.; order dated 27.2.2025).

Neutral Citation No. - 2025:AHC:28191

Court No. - 77

Case :- APPLICATION U/S 482 No. - 393 of 2025

Applicant :- Abhishek Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Counter affidavit along with vakalatanama filed by Sri Imran Ahmad on behalf of opposite part no.2 is taken on record.

Heard Sri Fakhruzzaman, learned counsel for the applicant as well as Sri Mansoor Ali Ansari holding brief of Sri Imran Ahmad, learned A.G.A. Ramesh Kumar for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 21.05.2024 as well as entire proceedings of Complaint Case No. 1526 of 2024 (Shobharam Vs. Abhishek Kumar), under Sections 138 Negotiable Instrument Act, 1881, P.S. Badalpur, District Gautambudh Nagar, pending in the court of learned Additional Chief Judicial Magistrae-I, Gautambudh Nagar.

It is jointly submitted by the counsel for the applicant as well as opposite party No.2 that now the parties have settled their dispute amicably and the written compromise dated 10.2.2025 is also entered into between them, copy of the same has been annexed at page 7 of the counter affidavit field by opposite party no.2.

As the offence under Section 138 N.I. Act is compoundable, therefore, present application is disposed of with direction to the applicant to file original deed of compromise before the court below along with the application to compound the offence under Section 147 of N.I. Act, within 15 days from today.

In case any such application along with compromise affidavit is filed before the court below, the court below shall verify the same and permit the parties to compound the offence under Section 147 N.I. Act.

The aforesaid exercise shall be concluded by the court below within a period of one month of receiving the original deed of compromise.

For a period of 1-1/2 month no coercive action shall be taken against the applicant Complaint Case No. 1526 of 2024 (Shobharam Vs. Abhishek Kumar), under Sections 138 Negotiable Instrument Act, 1881, P.S. Badalpur, District Gautambudh Nagar, pending in the court of learned Additional Chief Judicial Magistrae-I, Gautambudh Nagar.

Order Date :- 27.2.2025 Kumar Manish

Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad