The High Court did not quash proceedings under Section 138 NI Act. Instead, it directed the applicant to file a settlement application before the trial court within 15 days and stayed coercive action during this period.
Direction to file settlement application within 15 days; stay on coercive action; case disposed of.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 17540 of 2019
Applicant :- Rajkaran Opposite Party :- State Of Up And Another Counsel for Applicant :- Arun Kumar,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings in Criminal Case No. 2234 of 2017, under Section 138 The Negotiable Instruments Act, 1881, Police Station Jorge Town, District Allahabad as well as summoning order dated 25.1.2018 passed by learned Additional Chief Judicial Magistrate, Court No.8, Allahabad pending before the learned Additional Judge, Allahabad.
It has been submitted outrightly on behalf of the applicant that applicant wishes to settle the matter with opposite party no.2 at the lower court forum provided some reasonable time is given.
Also heard the learned A.G.A.
It would be better if the parties arrive at peaceful settlement and it is incumbent duty of the court below to facilitate compromise, if the parties wish to settle their dispute.
It is directed that in case, the applicant wants to settle the matter by negotiation, appropriate application may be moved forthwith within 15 days from today before the court below and the court below in the event of presentation of any such application shall facilitate negotiation between the parties for amicable settlement and in case the matter is amicably settled, consequential order shall be passed winding up the proceeding accordingly.
Thus, in view of above, it is provided that in case the applicant appears before the court concerned within fifteen days from today and moves the directed application, the same shall be considered and disposed of by the court below, expeditiously.
For a period of fifteen days from today or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is
moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of .
Order Date :- 2.5.2019 S Rawat
3 issues framed by the court
Whether to direct the applicant to move an application for settlement before the lower court within 15 days.
Whether to stay coercive action against the applicant pending the disposal of the settlement application.
How to dispose of the application under Section 482 Cr.P.C. for quashing proceedings stemming from a cheque forgery case.
2 provisions across 2 enactments
Rajkaran
State Of Up
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
