Allahabad High Court
M/S Chauhan Battery House vs State Of U.P. And Another on 19 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 37741 of 2022 Applicant :- M/S Chauhan Battery House Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the summoning order dated 07.12.2019 in Complaint Case No.2040 of 2019 (M/s Dev Enterprises Vs. M/s Chauhan Battery House), under Section 138 of Negotiable Instruments Act, P.S. Sector-58 Noida, District Gautam Buddh Nagar pending in the Court of Civil Judge (SD)/FTC/Additional Chief Judicial Magistrate, Gautam Buddha Nagar with an alternative prayer to stay the further proceedings of the above mentioned case.
Learned counsel for the applicant submits that this matter can be settled through the process of Mediation/compounding in accordance with the directions issued by the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663.
As requested by the counsel for the parties, it is directed that the accused may appear before the court below within a period of one month 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 four months 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).
If the decision of the Court given in the 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.
In the period of five months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused/applicant.
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 in this Court.
With the aforesaid observations this application is disposed of.
Order Date :- 19.1.2023 Shahroz