Smt. Bhawna Kannojia vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Smt. Bhawna Kannojia vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to prefer an appropriate compounding application under Section 147 of the N.I. Act by 16.05.2025; the court below to decide such application within 60 days strictly in terms of Damodar S Prabhu (supra); interim protection whereby no coercive action shall be taken against the applicant till the application is decided, conditional on compliance with the stated terms and timeline and standing vacated on default without reference to the Bench.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 5865 of 2023 under Section 138 of the Negotiable Instrument Act, including the summoning order dated 5.2.2024, were to be quashed, with counsel confining the relief sought to compounding under Section 147 of the N.I. Act in terms of Damodar S Prabhu. +1 more

Court's answer

The Court disposed of the application, granting the applicant liberty to prefer an appropriate compounding application under Section 147 of the N.I. Act by 16.05.2025, and directed that the court below decide such application within 60 days with expedition, strictly in terms of the judgment in Damodar S Prabhu (supra).

Ratio / Principle

Until the compounding application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 5865 of 2023 and the summoning order dated 5.2.2024.

Key takeaways

The protection accorded is conditional upon compliance with the terms, conditions and timeline provided; in case of default the order shall stand vacated without reference to the Bench.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vikas Budhwar, J.), Application U/S 482 No. 506 of 2025, disposed of on 7.5.2025. Applicant Smt. Bhawna Kannojia had sought quashing of the entire proceedings of Complaint Case No. 5865 of 2023 (Deepak Sharma Versus Bhawna Kannojia) under Section 138 of the Negotiable Instrument Act, Police Station Kotwali, district Ghaziabad, including the summoning order dated 5.2.2024 passed by the learned Additional Chief Judicial Magistrate, court no.6, Ghaziabad. On instructions, counsel confined the relief to compounding under Section 147 of the N.I. Act in view of Damodar S Prabhu Vs Sayed Babalal, AIR 2010 SC 1907; the learned A.G.A. had no objection. The Court disposed of the application granting liberty to prefer an appropriate compounding application under Section 147 of the N.I. Act by 16.05.2025, directing the court below to decide the same within 60 days strictly in terms of Damodar S Prabhu (supra), and ordering that till the application is decided no coercive action shall be taken against the applicant in respect of the said complaint proceedings and summoning order. The protection is subject to compliance with the stated terms, conditions and timeline, and in case of default the order shall stand vacated without reference to the Bench.

Neutral Citation No. - 2025:AHC:73969

Court No. - 73

Case :- APPLICATION U/S 482 No. - 506 of 2025

Applicant :- Smt. Bhawna Kannojia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Sri Gaurav Srivastava (A/G 0289/2013) holding brief of Sri Sanjay Kumar Srivastava, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the entire proceedings of complaint case no. 5865 of 2023 (Deepak Sharma Versus Bhawna Kannojia) Under Section 138 of Negotiable Instrument Act, Police Station Kotwali, district Ghaziabad, including summoning order dated 5.2.2024 passed by learned Additional Chief Judicial Magistrate, court no.6, Ghaziabad, 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 .

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

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 16.05.2025 and on the submission of the same, the court below shall decide the same within 60 days and, in case, such proceeding is preferred before the court concerned, 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) .

Till application is decided, no coercive action shall be taken against the applicant with respect to complaint case no. 5865 of 2023 (Deepak Sharma Versus Bhawna Kannojia) Under Section 138 of Negotiable Instrumet Act, Police Station Kotwali, district Ghaziabad, including summoning order dated 5.2.2024 passed by learned Additional Chief Judicial Magistrate, court no.6, Ghaziabad.

The protection accorded to the applicants is only available

subject to 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.

Order Date :- 7.5.2025 Rajesh

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