Disposed

Smt Usha Verma v. State of Up and Another

Allahabad HC2 May 2019A482/17559/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC seeking quashing of section 138 NI Act proceedings. The court directed the lower court to facilitate amicable settlement within 15 days and suspended coercive actions pending negotiation.

What did the court decide?

Directed lower court to facilitate amicable settlement within 15 days; coercive action stayed pending negotiation.

Smt Usha Verma Vs State of Up and Another — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 17559 of 2019

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Applicant :- Smt Usha Verma Opposite Party :- State Of Up And Another Counsel for Applicant :- Pradeep Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 22.12.2017 passed by the Additional Chief Judicial Magistrate, Agra in Complaint Case No. 4371/2017 (M/s D.K. Enterprises Vs. Proprietor Usha Verma) as well as quash the proceedings of Complaint Case No.4371/2017 (M/s D.K. Enterprises Vs. Proprietor Usha Verma), under Section 138 of Negotiable Instrument Act, pending before the learned Additional Chief Judicial Magistrate, Agra.

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Straightway, the applicant submitted that in a similar case between the same parties in a similar application under Section- 482 Cr.P.C. No. 12995 of 2019 (Smt. Usha Verma vs. State of U.P. and Another), detailed order was passed disposing of the case, whereby compromise was directed to be facilitated between the parties by the lower court, however certain legal points were also raised by the applicant, which were also considered by the court below and a detailed description of the same is contained in the disposal order of the aforesaid application which is dated 5.4.2019. Learned counsel for the applicant also produced a copy of the aforesaid order dated 5.4.2019 and raised submission that in the light of the direction issued, it would be better, if a compromise is directed to be facilitated between the parties through the intervention of the lower court concerned.

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Also heard the learned A.G.A.

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Plea is sustained.

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It is directed that in case, the applicant appears before the court below within 15 days from today and moves appropriate application for amicable settlement of the dispute with opposite party no.2, then the court below will ensure negotiation for settlement of the case and in case, the matter is settled between the parties, then the consequential order shall be passed by the court below winding up the proceedings, however in the case of disagreement between the parties, the court below shall be free to proceed further in accordance with law.

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Initially, for a period of fifteen days from today, no coercive action shall be taken, however upon presentation of the application and pursuant thereto commencement of the negotiation process, no coercive action shall be taken against the applicant till the process is on.

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With the aforesaid direction, this application stands disposed of.

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Order Date :- 2.5.2019 S Rawat

Smt Usha Verma v. State of Up and Another

Case brief

What is this about?

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Smt Usha Verma v. State of Up and Another

Case brief

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