Gaurav Gupta v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 37699 of 2023 Applicant :- Gaurav Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Shri Surendra Kumar Tripathi, learned counsel for the applicant and Shri Prem Prakash Tripathi, learned A.G.A for the State.

¶2The instant application has been filed seeking quashment of the criminal proceeding and summoning order dated 10.12.2020 in Complaint Case No.188 of 2020 (Old No.21 of 2020) (Bhujveer Singh Chauhan Vs. Gaurav Gupta), Under Section 138 of N.I. Act, Police Station-New Agra, District-Agra, pending in the Court of Additional Court No.2, Agra.

¶3Learned counsel for the applicant submits that he is ready and willing to compound the offence by depositing the entire cheque amount in question provided the liberty given to the applicant herein to approach the trial court for compounding of the offence as NBW has already been issued against the applicant herein.

¶4In view thereof, the instant application is disposed of with a direction to the applicant herein to appear before the Additional Judicial Magistrate-II, Agra within a period of two weeks along with demand draft favoring the complainant of the cheque amount involved in the case.

¶5On such appearance and such deposit of the cheque amount by way of demand draft, the NBW issued against the applicant shall not be given effect to and the trial court may proceed in accordance with law for compounding of the offences.

¶6With the above said observations the instant application is disposed of. Order Date :- 30.10.2023 A Gautam High Court of Judicature at Allahabad