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

Narendr Kumar 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 the N.I. Act by 25.07.2025; court below directed to decide the same with most expedition, preferably within 45 days; interim protection from coercive action in respect of the summoning order dated 29.3.2023 till 45 days from the order, subject to compliance, failing which the protection stands vacated without reference to the Bench.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the entire complaint proceedings and the summoning order dated 29.3.2023 should be disposed of in view of the applicant's stated intention to approach the court below for compounding of the offence under Section 147 of the N.I. Act, relying on Damodar S. Prabhu Vs. Syed Babalal (2010) 5 SCC 663. +1 more

Court's answer

The application is disposed of, directing the applicant to file proceedings for compounding under Section 147 of the N.I. Act by 25.07.2025, and directing the court below 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 with respect to the summoning order dated 29.3.2023 until 45 days from the date of the order.

Key takeaways

The protection accorded is conditional upon compliance with the terms, conditions and timeline laid down; in case of default, the order shall stand vacated without reference to the Bench.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.; Neutral Citation 2025:AHC:105484; Order Date 7.7.2025): Application U/S 528 BNSS No. 19895 of 2025 by Narendr Kumar sought quashing of the whole proceedings and the summoning order dated 29.3.2023 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate Court No.-5, Ghaziabad in Complaint Case no. 292 of 2023 under Section 138 of the Negotiable Instruments Act, P.S. Muradnagar, District Ghaziabad (Ankit Tyagi Vs. Narendr Kumar). Counsel for the applicant submitted that specific payments had been made and the applicant wished to approach the court below for compounding under Section 147 of the N.I. Act in light of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663, seeking interim protection meanwhile; the Learned A.G.A. raised no objection. Disposing of the application, the Court directed the applicant to file the compounding proceedings by 25.07.2025 and the court below to decide the same with most expedition, preferably within 45 days. Till 45 days from the order, no coercive action was to be taken against the applicant with respect to the summoning order; the protection was expressly conditional on compliance with the terms and timeline, and would stand vacated automatically on default, without reference to the Bench.

Neutral Citation No. - 2025:AHC:105484

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 19895 of 2025

Applicant :- Narendr Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Ranjan,Jahar Singh (Kashyap) Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Sri J.S. Kashyap, learned counsel for the applicant, as per the instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the whole proceedings as well as summoning order dated 29.3.2023 passed by Additional Civil Judge (Junior Division) / Judicial Magistrate Court No.-5 Ghaziabad in complaint case no. 292 of 2023 under section 138 Negotiable Instrument Act police station Muradnagar district Ghaziabad, Ankit Tyagi Vs. Narendr Kumar, pending before Additional Civil Judge (J.D.)/Judicial Magistrate Court no.-5 Ghaziabad district Ghaziabad, however, the applicant has made specific payments and he seeks to approach the court below while filing application / proceeding 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.

2. 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 25.07.2025 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 summoning order dated 29.3.2023 passed by Additional Civil Judge (Junior Division) / Judicial Magistrate Court No.-5 Ghaziabad in Complaint Case no. 292 of 2023 under section 138 Negotiable Instrument Act Police Station Muradnagar district Ghaziabad, Ankit Tyagi Vs. Narendr Kumar , pending before Additional Civil Judge (J.D.)/Judicial Magistrate Court no.-5 Ghaziabad District Ghaziabad.

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 :- 7.7.2025 N.S.Rathour

(Vikas Budhwar, J)

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