Rachit Kumar Pandey vs State Of U.P. Thru. Addl. Chief Secy. ...

State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s)

:

Ram Kumar Singh

Counsel for Opposite Party(s)

:

G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This application U/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of the impugned complaint case and summoning order dated 18.02.2025 passed by learned Court of Additional Judge Court No.6, Lucknow in complaint case no. 112230 of 2024 under Section 138 N.I. Act, Amit Kumar Singh Versus Rachit Kuamr Pandey, contained in Annexure No.1 to this petition.

3. After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He submitted that non-bailable warrant has been issued on 06.02.2026 and he had no knowledge that is why he could not appear before the trial court. He has further submitted that the applicant is ready to cooperate in the proceedings and will appear before the trial court within three weeks from today. It is submitted that there is chance of mediation between the parties.

4. A perusal of the impugned complaint and the summoning order does not disclose any such manifest illegality or jurisdictional error or an abuse of process of Court so as to call for interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. It is a case under Section 138 Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings.

5. It will, however, be open to the applicant to appear before the Magistrate and pray for compounding the case in accordance with principles laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663. In case, the applicant appears before the Magistrate within three weeks from today through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of the application in accordance with law within three months bearing in mind the relevant directions in Damodar S. Prabhu (supra) after providing opportunity of hearing to all parties concerned. If the orders made do not work to bring proceedings to an end in accordance with law, the trial shall proceed and brought to its logical conclusion, where the applicant will have all defence open to him under the law.

6. For a period of three months, no coercive steps shall be adopted against the applicant in respect of the aforesaid case.

7. The application is disposed of in terms of the aforesaid orders.

(Brij Raj Singh,J.)

May 6, 2026

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