Allowed

Anil Kumar Jaiswal v. State of U.P. and Others

Allahabad HC4 Apr 2019A482/14763/2005

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of Section 138 NI Act proceedings following a settlement. The High Court, relying on settled principles regarding compromise, set aside the criminal proceedings after verifying the settlement terms and initial payment. The case was disposed of in favor of the applicant.

What did the court decide?

The criminal proceedings in Complaint Case No.1960 of 2004 under Section 138 of the Negotiable Instrument Act were quashed and set aside.

Anil Kumar Jaiswal Vs State of U.P. and Others — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 14763 of 2005

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Applicant :- Anil Kumar Jaiswal Opposite Party :- State Of U.P. And Others Counsel for Applicant :- R.N. Kesari,Pankaj Satsangi,Sharad Malviya Counsel for Opposite Party :- Govt. Advocate,Rameshwar Nath

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Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Complaint Case No.1960 of 2004 (Rajendra Kumar Jaiswal vs. Anil Kumar Jaiswal), under Section 138 of the Negotiable Instrument Act, Police Station Colonelganj, District Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Room No.2, Allahabad.

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Learned counsel for the applicant submits that compromise has been done between applicant and opposite party no. 2. The applicant and opposite party no.2 do not want to pursue the case any further as stated in paragraphs 4, 5 & 6 of the compromise, no useful purpose would be served in proceeding with the matter further. Paragraphs 4, 5 & 6 of the compromise are being quoted below :-

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"4. That with the help well wishers and friends of the parties, they have arrived at a settlement under which the applicant has agreed to pay a sum of Rs. 70,000/- to the deponent/opposite party no.2 which includes the principal, interest and litigation expenses. It is further agreed between the parties that the aforesaid amount of Rs. 70,000/- will be paid by the applicant in 35 installments of Rs. 2000/- each. The aforesaid amount of the installment shall be deposited by the applicant in the account no.10330100009174 with the Bank of Baroda of the O.P. no.2.

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That it is further agreed between the parties that the applicant will handover a cheque for Rs. 70,000/- to the Opposite party no.2 as security of the aforesaid settlement and after every six months the applicant has agreed to issue fresh cheque in the name of the opposite party no.2 after deducting the instalments already deposited by the applicant in the account of the O.P. no.2 with the Bank of Baroda, Katra, Allahabad."

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That the applicant has handed over an a/c payee cheque bearing no.66204 drawn on Vijaya Bank, Beli Road, Allahabad to the deponent on 10.9.2010. The applicant has also received the first installment of Rs.2000/- in the S.B. A/c of the deponent maintained with the Bank of Baroda, Katra, Branch."

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003 (4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008 (9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) , the proceedings of the aforesaid case is hereby set aside.

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The present application is accordingly disposed of.

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Order Date :- 4.4.2019 m.a.

Anil Kumar Jaiswal v. State of U.P. and Others

Case brief

What is this about?

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Anil Kumar Jaiswal v. State of U.P. and Others

Case brief

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