KASHISH ENTERPRISES Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Akram, learned counsel for the applicant and Sri Anish Kr. Upadhyay, learned AGA for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the summoning order dtd. 9/9/2021 passed by Additional Judicial Magistrate, Court No.2, Agra in Case No. 447 of 2021 (M/s Gaurav Alumin Lighting vs. M/s Kashish Enterprises), u/s 138 N.I. Act, P.S. Hariparwat, District Agra, pending before Additional Judicial Magistrate, court No.2, Agra.

(3.) The contention of learned counsel for the applicant is that the applicant is ready to settle the dispute and wants 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 Babalal H. reported in 2010 (5) SCC 663 had observed that if the accused person under the proceeding of 138 of the Act, 1881 did not file the application for compounding on the first date or on the second date, then the court may permit him to file compounding application with the cost of 10% of the cheque amount.