Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding of Complaint Case No. 1292 of 2019 (Sanjay Dwivedi v. Dinesh Vyas), under Section 138 of the Negotiable Instruments Act, Police Station Naubasta, District Kanpur Nagar pending in the Court of the Additional Court No. 2, Kanpur Nagar as well as complaint and summoning order dated 07.05.2019 passed in the said case.
At the very outset learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He further submits that the applicant is ready to settle the dispute in the light of the judgement of the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H., 2010 (5) SCC 663.
Considering the submissions made by learned counsel for the applicant, the prayer, insofar as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.
However, so far as the last submission made by the learned counsel for the applicant is concerned, in the light of the observations made by the Hon'ble Supreme Court in Damodar S. Prabhu (supra), it is directed that the accused may appear before the court below within a period of two weeks from today and move an application seeking compounding of offence through compromise. On such application being moved, the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of eight weeks from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a period of ten weeks from today.
If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits.
In the aforesaid period of ten weeks or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused.
It is made clear that no application for extension of time shall be entertained if this order is not availed by the accused within the stipulated period of time.
With the aforesaid observations this application is disposed of.
Order Date :- 5.2.2021 SKT/-