Partly allowed

Shree Ram v. State of U.P. and Another

Allahabad HC10 Aug 2018A482/26681/2018

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash proceedings under Section 138 NI Act for alleged cheque bounce, the Court held that the material disclosed an offence. The plea of malafide was rejected. The matter was remitted to a Mediation Centre, coercive action stayed for 60 days, and the appeal was disposed of.

What did the court decide?

Quashing of proceedings refused; matter remitted to Mediation Centre; coercive action stayed for 60 days.

Shree Ram Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 26681 of 2018

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Applicant :- Shree Ram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Dutt Awasthi,Girja Shanker Sen Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the parties.

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This application under Section 482 of the Code of Criminal Procedure has been filed on behalf of the applicant with a prayer to quash the entire proceedings of Complaint Case No. 1572 of 2017 (Vaibhav v. Shree Ram) under Section 138 of the Negotiable Instruments Act, 1881 Police Station - Aonla, District - Bareilly as well as the summoning order dated 23.02.2018 passed by Judicial MagistrateI, Bareilly.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide and as such, the present proceedings are sheer abuse of the process of the court.

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Per contra, learned counsel in opposition contended that the material on record is sufficient justifying initiation of criminal proceedings against the applicant in the aforesaid case.

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From the perusal of the impugned order, it cannot be said that no offence is made out against the applicant.

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In view of above, the prayer for quashing the entire proceedings in the aforesaid case is refused.

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The trial court is directed to remit the matter to Mediation Centre, District Court - Bareilly within 30 days from the receipt of certified copy of this order.

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The mediation centre concerned shall thereafter submit its report within one month from the date of receipt of the case before the learned Magistrate.

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For a period of 60 days from today, no coercive action shall be taken against the applicant.

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With the aforesaid direction, the instant application stands disposed of.

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Order Date :- 10.8.2018 I. Batabyal

Shree Ram v. State of U.P. and Another

Case brief

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Shree Ram v. State of U.P. and Another

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