Allahabad High Court
Gaurav Rai vs State Of U.P. And Another on 30 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:76429 Court No. - 92 Case :- APPLICATION U/S 482 No. - 9893 of 2024 Applicant :- Gaurav Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order of N.B.W. dated 15.03.2024 passed by Presiding Officer, Additional Court No.02, Agra in Complaint Case no.349 of 2020 (Ashok Sharma Vs. Gaurav Rai), u/s 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Nai Ki Mandi, District-Agra.
3. From perusal of order sheet, it appears that this court vide order dated 15.04.2024 directed the applicant to deposit 10% of the cheque amount as cost in the name of Dr. Rajendra Prasad, National Law University, Prayagraj, to test his bona fide as the applicant had earlier got an order in Application u/s 482 No.37817 of 2023 for applying compounding of the offence as per the direction of the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663 but he failed to deposit the same. However, now the applicant had already deposited 10% of the cheque amount (a copy of the receipt of the deposit is taken on record) in compliance of the order dated 15.04.2024 and now he has submitted that he wants to compound the offence by moving an application u/s 147 of the Act, 1881, before the court below.
4. In case, the applicant files an application along with the receipt of the aforesaid deposit within 15 days from today then the court below will pass an order on that application in the light of Damodar S. Prabhu (supra), within a period of next one month.
5. For a period of one month or till disposal of the above application of the applicant, no coercive action shall be taken against the applicant.
6. It is made clear, if applicant fails to file the aforesaid application with required deposit within 15 days from today, then court below will free to proceed against the applicant.
7. With the aforesaid observations, the present application is disposed of.
Order Date :- 30.4.2024 S.Chaurasia