Judgment · High Court
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Negotiable Instruments Act, 1881 ss. 138, 147
Key paragraphs
- Para 33. 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 26.09.2025 and the court below shall decide the same with most expedition. 2 NA528 No.…
Judgment
Sri Arvind Kumar Maurya, 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 entire proceeding of Complaint Case No. 1755 of 2019, Vivek vs. Nitu Santoshi, under section 138 Negotiable Instrument Act Police Station Kotwali Shahjahanpur, District Shahjahanpur, pending before Additional Chief Judicial Magistrate Second, District Shahjahanpur initiated in pursuance of impugned summoning order dated
17.09.2021 passed by the Additional Chief Judicial Magistrate second Shahjahanpur Complaint Case No. 1755 of 2019, Vivek vs. Nitu Santoshi, under section 138 Negotiable Instrument Act Police Station Kotwali Shahjahanpur, District Shahjahanpur., 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 preferred, 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 26.09.2025 and the court below shall decide the same with most expedition. 2 NA528 No. 34139 of 2025
Till the disposal of the said proceedings, no coercive action shall be taken against the applicant with respect to the further proceeding of Complaint Case No. 1755 of 2019, Vivek vs. Nitu Santoshi, under section 138 Negotiable Instrument Act Police Station Kotwali Shahjahanpur, District Shahjahanpur.
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. September 9, 2025 piyush (Vikas Budhwar,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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