Allahabad High Court
Rajeev Sehgal @ Boby Sehgal vs State Of U.P. And Another on 22 February, 2021
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- APPLICATION U/S 482 No. - 4095 of 2021 Applicant :- Rajeev Sehgal @ Boby Sehgal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Pandey,Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State/opposite party No.1 and perused the material on record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire criminal proceeding as well as summoning order dated 20.8.2018 in Complaint Case No. 2745/9 of 2018, under Section 138 of Negotiable Instruments Act, 1881, P.S. Kotwali Shamli, District Shamli.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He further submits that the applicant is ready to settle the dispute in light of the judgement of the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H. 2010 (5) SCC 663.
Considering the submissions made by learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.
However, so far as the last submission made by the counsel is concerned, in light of observations made by the Hon'ble Supreme Court in Damodar S. Prabhu (supra), it is directed that the accused may appear before the court below within a period of two weeks from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved, the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of six weeks from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a period of eight weeks from today.
If the decision of the Court given in light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits.
For a period of ten weeks or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused.
It is made clear that no application for extension of time shall be entertained if this order is not availed by the accused within the stipulated period of time. It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved before this Court.
With the aforesaid observations this application is disposed of.
Order Date :- 22.2.2021 S.S.