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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Abhay Verma – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application to quash summoning order (Para 2) |
| 2. applicant ready to settle dispute (Para 3) |
| 3. apex court guidelines quoted (Para 4) |
| 4. applicant permitted to move application (Para 5) |
| 5. court to pass order on application (Para 6) |
| 6. no coercive action for one month (Para 7) |
| 7. failure to file application consequences (Para 8) |
| 8. application disposed of (Para 9) |
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Puneet Kumar, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 05.03.2024, passed by the Additional Civil Judge (J.D.) Judicial Magistrate, Court No.1, Fatehpur, as well as entire proceedings of Complaint Case No.18526 of 2023, Ramesh Chandra Gupta Vs. Abhay Verma, under Section-138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Malwa, District-Fatehpur.
3. Learned counsel for the applicant submits that applicant is ready to settle the dispute and want to file compounding application u/s 147 of the Act, 1881 before the trial court. The Apex Court in the case of Damodar S. Prabhu Vs. Sayed
The court allows compounding of cheque bouncing cases under specific conditions, emphasizing timely applications and imposing costs for delays.
Compounding of offences under Section 138 of the Negotiable Instruments Act is permissible post-conviction, provided conditions regarding costs are met.
The court emphasized the need to discourage chronic litigants from delaying the composition of the offence under Section 138 of the Negotiable Instruments Act and the valid means to encourage compoun....
The court established a framework for compounding offences under section 138, promoting early resolution and imposing costs to deter delays.
The court established that timely compounding of offences under the Negotiable Instruments Act is essential to prevent undue delays in litigation.
Point of Law : If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and they are further required to appear and face the trial, the....
Offences under Section 138 NI Act can be compounded at any stage, including post-conviction, fostering timely justice.
Prima facie satisfaction for proceeding under Section 138 of the Negotiable Instruments Act requires no quashing unless clear abuse of process is demonstrated.
Consent of the complainant is necessary for quashing conviction under Section 138 of the Negotiable Instruments Act, reaffirming its quasi-criminal nature and the court's duty to uphold procedural le....
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