Disposed

Vikash Kumar Sinha v. State of U.P. and Another

Allahabad HC15 Jul 2025NA528/20134/2025

Case brief

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What is this about?

Applicant sought quashing of a summoning order in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. Counsel stated the applicant would approach the trial court for compounding under Section 147, having made full payment. The High Court disposed of the application directing the applicant to file a compounding application by 31.07.2025, with interim protection from coerciv

What did the court decide?

Application disposed; direction to file compounding application by 31.07.2025; no coercive action for 45 days subject to compliance.

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

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Neutral Citation No. - 2025:AHC:113055

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Court No. - 75

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Case :- APPLICATION U/S 528 BNSS No. - 20134 of 2025

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Applicant :- Vikash Kumar Sinha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Sajjad Husain Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Sri Syed Sajjad Husain, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 06.12.2022 passed by Additional Chief Judicial magistrate IInd Gorakhpur in case no. 26487 of 2022, Anil Kumar Dubey Vs. Vikas Kumar Sinha under section 138 of Negotiable Instruments Act, 1881 at Police StationShahpur, District Gorakhpur, as well the entire proceeding of the Case no. 26487 of 2022, Anil Kumar Dubey Vs. Vikas Kumar Sinha Police Station Shahpur, District Gorakhpur pending before the court of Additional chief Judicial Magistrate IInd District Gorakhpur, however, he 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. It is further submitted that the applicant has made the entire payment.

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

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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 31.07.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days.

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Till 45 days from today, no coercive action shall be taken against the applicant with respect to the summoning order dated 06.12.2022 passed by Additional Chief Judicial magistrate IInd Gorakhpur as well the entire proceeding of Case no. 26487 of 2022, Anil Kumar Dubey Vs. Vikas Kumar Sinha Police Station Shahpur, District Gorakhpur, pending before the court of Additional chief Judicial Magistrate IInd District Gorakhpur..

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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.

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Order Date :- 15.7.2025 N.S.Rathour

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(Vikas Budhwar, J)

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

Vikash Kumar Sinha v. State of U.P. and Another

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Vikash Kumar Sinha v. State of U.P. and Another

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