Court No. - 49
Case :- APPLICATION U/S 482 No. - 5561 of 2021 Applicant :- Rajendra@ Guddu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.,Rakesh Chandra Tiwari
Hon'ble Vivek Agarwal,J.
1. Sri Shakil Ahmad, learned counsel for the applicant has filed this application U/S 482 Cr.P.C. challenging the summoning order dated 29.02.2020 passed by Ist Additional Civil Judge (Senior Division)/ACJM, Amroha in Complaint Case No.08 of 2020 on the basis of order of a co-ordinate Bench dated 05.01.2021 in case Application U/S 482 No.17718 of 2020 (Mohammad Ehtasham vs. State of U.P. and Another).
2. A co-ordinate Bench of this Court in case of Mohammad Ehtasham (supra) relying on the judgment of Supreme Court in case of Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663, wherein Supreme Court noted that parties should be given an opportunity to arrive at a mutually aggreable settlement and put an end to the escalating litigation prays for extending a protective umbrella in favour of the applicant.
3. Sri Rakesh Chandra Tiwari, learned counsel for respondent no.2 submits that no compromise has been arrived as yet.
4. After more than one and half years of passing of the summoning order, this matter has come up for hearing today. In fact application was also filed after more than one year of issuance of summoning order and in the garb of a compromise, applicant is trying to not to appear before the court concerned and follow the regular course of criminal jurisprudence i.e. to appear and obtain bail then to proceed with the trial where he can give his offer for compromise and if it is accepted, then matter can be compounded as per the provisions contained in the N.I. Act.
5. In view of such facts, I am of the view that this is not the stage where any protection can be granted to the petitioner/applicant inasmuch as a categorical statement has been made by learned counsel for respondent no.2 that there is no possibility of compromise for the present. Therefore, in the garb of a protective umbrella proceedings before the trial court cannot be prolonged.
6. Application fails and is dismissed.
7. Applicant is directed to appear before the trial court on or before 26.08.2021 with the copy of this order. In the event, if applicant fails to appear on the date given, then court concerned shall be free to adopt all coercive measures as are permissible under Cr.P.C. seeking presence of the present applicant/accused persons.
Order Date :- 16.8.2021 Ravi/-