P.F.C. Export Manufacture and Exporter Proprietor Amit Goyal v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39107 of 2023 Applicant :- P.F.C. Export Manufacture And Exporter Proprietor Amit Goyal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 06.09.2018; non bailable warrant dated 17.11.2018 as well as entire proceedings of Complaint Case No. 2921 of 2018, under Section 138 N.I. Act, P.S. Hari Parwat, District Agra, pending in the court of Additional Court no. 1 Agra.

¶3Learned counsel for the applicant submits that opposite party no. 2 lodged complaint against the applicant under Section 138 N.I. Act and out of three cases, two cases have been decided after compromise. The applicant has moved application on 25.07.2023 alleging that applicant is ready to pay the balance amount to opposite party no. 2 and wants to settle the dispute. It is next submitted that the offence under Section 138 N.I. Act, is compoundable offence.

¶4Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid application dated 25.07.2023 in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one month from the date of production of a certified copy of this order, if there is no other legal impediment.

¶5For the period of one month from today non-bailable warrant dated 17.11.2018 shall be kept in abeyance. Order Date :- 26.10.2023 Meenu Singh High Court of Judicature at Allahabad