Om Siddhartha Bauddha vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Om Siddhartha Bauddha vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of: applicant directed to file compounding proceedings under Section 147 of N.I. Act by 26.07.2025; court below to decide the same preferably within 45 days; no coercive action against the applicant for 45 days, subject to compliance, with the order standing vacated automatically on default.

Issue for consideration

Whether the proceedings of Complaint case No. 28 of 2024 under Section 138 N.I. Act and the summoning order dated 22.03.2024 passed by the Chief Judicial Magistrate, Sonebhadra should be quashed.

Court's answer

The application is disposed of with a direction to the applicant to file proceedings for compounding under Section 147 of N.I. Act by 26.07.2025, and the court below is directed to decide the same with most expedition, preferably within 45 days.

Ratio / Principle

As interim protection, no coercive action shall be taken against the applicant for 45 days with respect to Complaint case No. 28 of 2024 under Section 138 N.I. Act and the summoning order dated 22.03.2024.

Key takeaways

The protection accorded is conditional upon compliance with the terms, conditions and timeline; 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 (Vikas Budhwar, J.) disposed of an application under Section 528 BNSS seeking quashing of Complaint case No. 28 of 2024 (Akash Kumar Jaiswal Vs. Om Siddhartha Bauddha & others) under Section 138 N.I. Act, Police Station Robertsganj, District Sonebhadra, and the summoning order dated 22.03.2024 passed by the Chief Judicial Magistrate, Sonebhadra. On the statement of learned counsel for the applicant, acceded to without objection by the learned A.G.A., that the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act, the court, relying on Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663, directed the applicant to file the compounding proceedings by 26.07.2025 and the court below to decide the same with most expedition, preferably within 45 days. Interim protection from coercive action was granted for 45 days, expressly conditional on compliance, standing vacated without reference to the Bench in case of default.

Neutral Citation No. - 2025:AHC:106819

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 18951 of 2025

Applicant :- Om Siddhartha Bauddha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Dubey,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Santosh Kumar Dubey, learned counsel for the applicant as per the instructions submitted that though the application u/s 528 BNSS has been preferred by the applicant for quashing the proceedings of Complaint case No. 28 of 2024 (Akash Kumar Jaiswal Vs. Om Siddhartha Bauddha & others) under Section 138 N.I. Act, Police Station- Robertsganj, DistrictSonebhadra, pending in the court of Chief Judicial Magistrate, Sonebhadra, as well as summoning order dated 22.03.2024, passed by Chief Judicial Magistrate Sonebhadra, however, learned counsel for the applicant has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal , (2010) 5 SCC 663 and till the said application is preferred, protection be accorded.

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

Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 26.07.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days.

Till 45 days from today, no coercive action shall be taken against the applicant with respect to the Complaint case No. 28 of 2024 (Akash Kumar Jaiswal Vs. Om Siddhartha Bauddha & others) under Section 138 N.I. Act, Police Station- Robertsganj, District- Sonebhadra, pending in the court of Chief Judicial Magistrate, Sonebhadra, as well as summoning order dated 22.03.2024, passed by Chief Judicial Magistrate Sonebhadra.

The protection accorded to the applicant is only available subject to compliance of 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 :- 8.7.2025 N.S.Rathour

(Vikas Budhwar, J)

Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad