Janardan Singh Proprietor M/S Archana Traders v. State of U.P & Anr.
Case at a glance
Outcome
Disposed of
application is disposed of directing the applicant to file the
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 05.09.2025 and the court below is directed to decide the same with most expedition.
Judgment
Sri Prashant Singh, 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 entire proceeding and impugned Non-Bailable Warrant order dated 20.07.2022 passed by the learned Additional Chief Metropolitan Magistrate-I, Kanpur Nagar and the impugned summoning order datec 06.10.2021 issue by learned Metropolitan Magistrate-10, Kanpur Nagar, in Complaint Case No. 60615 о 2021, (Raj Kumar Versus Janardar Singh) under sections 138 of Negotiable Instrument Act, Police Station: Pheelkhana, District: Kanpur Nagar, 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.
Learned A.G.A. as well as learned counsel for O.P. No.2 have no objection to the same.
Operative part
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 05.09.2025 and the court below is directed to decide the same with most expedition.
Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the Non-Bailable Warrant order dated 20.07.2022 passed by the learned Additional Chief Metropolitan Magistrate-I, Kanpur Nagar and the impugned summoning order datec 06.10.2021 issue by learned Metropolitan Magistrate-10, Kanpur Nagar, in Complaint Case No. 60615 о 2021, (Raj Kumar Versus Janardar Singh) under sections 138 of Negotiable Instrument Act, Police Station: Pheelkhana, District: Kanpur Nagar.
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 :- 14.8.2025 N.S.Rathour (Vikas Budhwar, J) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is disposed of directing the applicant to file the
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Negotiable Instruments Act, 1881 — ss. 138, 147.
Which court decided this case, and when?
Allahabad High Court, on 14 Aug 2025. The bench was VIKAS BUDHWAR.
Precedent status how later indexed judgments have treated this case
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