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

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

What the court decided

AI extract

Outcome

Applicant directed to file compounding proceedings under Section 147 of N.I. Act by 18.08.2025; court below to decide with most expedition, preferably within one month; interim protection - no coercive action against the applicant for one month, conditional on compliance, failing which the order stands vacated without reference to the Bench.

Issue for consideration

Whether the applicant, who had sought quashing of the order dated 25.04.2022 and the entire proceedings of Complaint Case No.3804 of 2022 under Section 138 NI Act, may instead confine his relief to compounding proceedings in terms of Section 147 of the N.I. Act, with the court below deciding the compounding application in light of Damodar S. Prabhu v. Syed Babalal (2010) 5 SCC 663. +1 more

Court's answer

The application is disposed of, directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 18.08.2025, and the court below shall decide the same with most expedition, preferably within a period of one month.

Ratio / Principle

No coercive action shall be taken against the applicant with respect to Complaint Case No.3804 of 2022 for one month from the date of the order.

Key takeaways

The protection accorded is available only subject to compliance of the terms, conditions and timeline provided; 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.), Application u/s 528 BNSS No. 22109 of 2025 (Dinesh Kumar Jindal v. State of U.P. and Another): the applicant, who had moved to quash the order dated 25.04.2022 and the entire proceedings of Complaint Case No. 3804 of 2022 (Tribhuvan Singh v. Vikas Crockery House and another) under Section 138 NI Act pending before the Special Chief Judicial Magistrate, Meerut, confined his relief to compounding in terms of Section 147 of the N.I. Act with reference to Damodar S. Prabhu v. Syed Babalal (2010) 5 SCC 663. Application disposed of directing filing of the compounding application by 18.08.2025, court below to decide with expedition preferably within one month; no coercive action against the applicant for one month, protection conditional on compliance, standing vacated on default without reference to the Bench.

Neutral Citation No. - 2025:AHC:107042

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 22109 of 2025

Applicant :- Dinesh Kumar Jindal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwini Kumar Srivastava,Dwarika Prasad Shukla Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Sri Prashant Tiwari (AOR No.A/P 0847/2013) holding brief of Sri Ashwani Kumar Srivastava, learned counsel for the applicant as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the order dated 25.04.2022 passed by learned lower Court as well as the entire proceedings of Complaint Case No.3804 of 2022, (Tribhuvan Singh Vs. Vikas Crockery House and another), Under Section 138, Negotiable Instruments Act of Police Station- Brahmpuri, District Meerut pending in the Court of Special Chief Judicial Magistrate, Meerut, however, he confines his relief for taking appropriate proceedings for compounding in terms of 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 decided, protection be accorded to him.

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 18.08.2025 and the court below shall decide the same with most expedition, preferably within a period of one month.

Till one month from today, no coercive action shall be taken against the applicant with respect to the Complaint Case No.3804 of 2022, (Tribhuvan Singh Vs. Vikas Crockery House and another), Under Section 138, Negotiable Instruments Act of Police Station- Brahmpuri, District Meerut pending in the Court of Special Chief Judicial Magistrate, Meerut.

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 piyush

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