ABHAY VERMA Vs. STATE OF U. P.

JUDGEMENT

(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 dtd. 5/3/2024, 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 Sec. -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 Babalal H. reported in 2010 (5) SCC 663 had observed that if the accused persons 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.