Court No. - 92

Case :- APPLICATION U/S 482 No. - 9763 of 2022

Applicant :- Lakhpat Singh

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Suresh Chandra Kushwaha,Guru

Prasad Singh,Puspha Singh

Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

1-Heard learned counsel for the applicants, learned AGA for

the State and perused the record.

2-This application under Section 482 Cr.P.C. has been 昀椀led

by the applicant to quash/set aside the summoning order

dated 27.08.2021 as well as bailable warrant dated

24.03.2022

issued

by

the

learned

Judicial

Magistrate/Additional Civil Judge (J.D.), Khurja, District

Bulandshahr in complaint case no. 162 of 2021, under

Section 138 of N.I. (Negotiable Instrument) Act, Police

Station Chhatari, District Bulandshahr.

3-Leaned counsel for the applicant has submitted that the

applicant is ready to resolve the dispute amicably with

Respondent No.2 and prays that opportunity may be given

to the applicant for the same.

4. Learned counsel for the applicant has also placed

reliance upon judgments of the Apex Court in the cases of

Damodar S. Prabhu Vs. Sayed Babalal H., 2010 (5)

SCC 663 and M/s Meters and Instruments Private

Limited and another vs. Kanchan Mehta, 2018(1)

SCC 560 and further submitted that the Apex Court in the

aforesaid cases has taken cognizance of the heavy

pendency of the cases in the courts which may result

ultimately in the chocking of criminal justice system. It has

been urged that with the laudable object of providing the

rival parties, who have hitherto locked their horns in

litigation, an opportunity to arrive at a mutually agreeable

settlement and put to an end to the escalating litigations,

the compounding of the o昀昀ence has not only been

encouraged but in order to given incentive to do so at the

earliest stage, certain guidelines have also been issued by

the Hon'ble Supreme Court.

5. Learned counsel for the applicant has also placed

reliance upon the order of this Court dated 10.03.2022

passed in Application U/s 482 No.5469 of 2022, wherein

the liberty has been given to the applicant to move bail

application through counsel and the court concerned shall

pass order in the light of judgement of the Apex Court in

the cases of Damodar S. Prabhu (Supra) and M/s

Meters and Instruments Private Limited and another

(supra). This Court has also directed that till the decision

given, no coercive measures shall be adopted against the

applicants, so the present application may be decided in

the light of order 10.03.2022 passed in Application U/s 482

No.5469 of 2022.

6. Leaned A.G.A. has not disputed the prayer made by

learned counsel for the applicants.

7-As requested by the learned counsel for the applicant, 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 o昀昀ence through compromise. On such

application being moved, the concerned Court may take

adequate steps in accordance with law in this regard and

shall provide opportunity to the accused and the

complainant which shall not exceed a maximum period of

three months from today to make an endeavour in this

direction. Thereafter, the Court shall pass necessary orders

speci昀椀cally keeping in view the law laid down by the Apex

Court in the case of Damodar S. Prabhu (supra) as also

the latest amendment made in the N.I. Act within a period

of four months from today. If the decision of the Court

given in the light of the application does not conclude the

proceedings against the accused in that event accused will

be 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

8-In