Allahabad High Court
Sunil Kumar Vishwakarma vs State Of U.P. And Another on 13 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:138063 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28550 of 2025 Applicant :- Sunil Kumar Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Vajpeyi,Sandeep Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Anurag Vajpeyi, 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 03.01.2025 as well as the summoning order dated 27.02.2023 passed by learned Judicial Magistrate Court No. 2 Allahabad along with the entire proceedings of Complaint Case No. 756 of 2020 (Amit Pandey Vs. Sunil Kumar Vishwakarma) u/s 138 N.I. Act, Police Station Kotwali, District, Allahabad, pending in the court of learned Additional Chief Judicial Magistrate Court No. 10, Allahabad, 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.
2. Learned A.G.A. has no objection to the same.
3. 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 4.09.2025 and the court below shall decide the same with most expedition.
4. Till the disposal of the said proceedings, no coercive action shall be taken against the applicant with respect to the Complaint Case No. 756 of 2020 (Amit Pandey Vs. Sunil Kumar Vishwakarma) u/s 138 N.I. Act. Police Station Kotwali, District, Allahabad, pending in the court of learned Additional Chief Judicial Magistrate Court No. 10, Allahabad.
5. 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 :- 13.8.2025 piyush