Manohar Yadav Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Manohar Yadav 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 application for compounding under Section 147 of N.I. Act by 10.09.2025, to be decided with most expedition strictly in terms of Damodar S. Prabhu; interim protection from coercive action till decision of that application, conditional on compliance with the terms, conditions and timeline, failing which the protection stands vacated without reference to the Bench.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 775 of 2023 under section 138 N.I. Act (Kavita Singh v. Manohar Yadav) and the summoning order dated 05.01.2023 pending before Additional Civil Judge (J.D.)/Judicial Magistrate Court No.09, Varanasi were to be quashed; counsel confined relief to compounding under Section 147 of the N.I. Act in view of Damodar S. Prabhu.

Court's answer

The application was disposed of, granting the applicant liberty to prefer an appropriate application for compounding under Section 147 of N.I. Act by 10.09.2025, which the Court expected to be decided with most expedition strictly in terms of the judgment passed in Damodar S. Prabhu.

Ratio / Principle

Till the compounding application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 775 of 2023 under section 138 N.I. Act (Kavita Singh v. Manohar Yadav) and the summoning order dated 05.01.2023 pending before Additional Civil Judge (J.D.)/Judicial Magistrate Court No.09, Varanasi.

Key takeaways

The protection accorded to the applicant is available only subject to compliance of the terms, conditions and timeline provided in the order; in case of default, the order shall stand vacated without reference to the Bench.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.), Order dated 12.8.2025, disposed of Application U/S 528 BNSS No. 25907 of 2025 filed by Manohar Yadav seeking quashing of the entire proceedings of Complaint Case No. 775 of 2023 under section 138 N.I. Act (Kavita Singh v. Manohar Yadav) and the summoning order dated 05.01.2023 pending before Additional Civil Judge (J.D.)/Judicial Magistrate Court No.09, Varanasi. Counsel confined relief to compounding under Section 147 of the N.I. Act in view of Damodar S. Prabhu v. Sayed Babalal, AIR 2010 SC 1907, and the learned A.G.A. raised no objection. The Court granted liberty to file the compounding application by 10.09.2025, to be decided with most expedition strictly in terms of Damodar S. Prabhu; until its decision, no coercive action was to be taken against the applicant, subject to compliance with the terms, conditions and timeline, failing which the protection stands vacated without reference to the Bench.

Neutral Citation No. - 2025:AHC:136608

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 25907 of 2025 Applicant :- Manohar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Sri Chandra Shekhar Sharma, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the entire proceedings of the complaint case no. 775 of 2023 under section 138 N.I. Act (Kavita Singh Versus Manohar Yadav) as well as summoning order dated 05.01.2023 issued against the applicant pending in the court of Learned Additional Civil Judge (J.D.)/ Judicial Magistrate Court No.09, Varanasi, 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 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 10.09.2025 and 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 the application is decided, no coercive action shall be taken against the applicant with respect to the complaint case no. 775 of 2023 under section 138 N.I. Act (Kavita Singh Versus Manohar Yadav) as well as summoning order dated 05.01.2023 issued against the applicant pending in the court of Learned Additional Civil Judge (J.D.)/ Judicial Magistrate Court No.09, Varanasi.

The protection accorded to the applicant 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 :- 12.8.2025/Rajesh

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