Disposed

Shiv Kumar Pandey @ Munna Pandey v. State of U.P. and 2 Others

Allahabad HC3 May 2019A482/17934/2019

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 Cr.P.C. to quash summoning orders in cheque dishonour cases. The applicant claimed full settlement of dues. The court directed the lower court to calculate the final quantum and direct payment but explicitly stated this does not decide the case on merits.

What did the court decide?

The application was disposed of; no directions regarding the quashing of the summoning orders were granted.

Shiv Kumar Pandey @ Munna Pandey Vs State of U.P. and 2… — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 17934 of 2019

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Applicant :- Shiv Kumar Pandey @ Munna Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Kumar Pandey,Bhriguram Ji,Yadvendra Yadav 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 with a prayer to quash the summoning order dated 10.7.2012 passed by A.C.J.M. court no. 2, Varanasi in Complaint Case No. 1049/2012, under Section 138 N.I. Act, P.S. Kotwali, District Varanasi as well as to quash the entire proceeding in Complaint Case No. 333/2017, under Section 138 N.I. Act, P.S. Kotwali, District Varanasi in pursuance of summoning order dated 10.7.2012 passed by A.C.J.M. court no.2, Varanasi in Complaint Case No. 333/2017, under Section 138 N.I. Act, P.S. Kotwali, District Varanasi.

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Applicant claims that the overall transaction involved between him and opposite party no.2 was to the tune of Rs. 6,72,765/- and opposite party no.2 was to receive the commission arising out of the aforesaid transaction and he admittedly received Rs. 4,70,000/- and there is no dispute regarding aforesaid amount. However, the applicant paid Rs. 1,80,000/- subsequently and a receipt of payment has been placed on record and he is having the original with him. Now, the applicant claims that the only amount due and outstanding against him after all calculation would be Rs.22,765/-, which amount the applicant is ready to give to opposite party no.2 provided some reasonable time is given.

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Statistical calculation of the amount involved and described as above requires proper exercise by the court concerned, because the applicant is ready to pay back the money in question to the opposite party no.2, therefore from another angle, there is no dispute as such and this exercise should be fairly done by the court below and it is to be ascertained the amount to be paid by the applicant to opposite party no.2 and whatever amount comes due after due exercise should be paid by the applicant to the opposite party no.2 and specific direction in regard thereto should be made by the lower court concerned without incurring unreasonable delay in completing the entire process and in case, the matter stands settled between the parties as per the exercise undergone, then worthy orders should be passed winding up the proceeding and the applicant should not be unnecessarily prosecuted, if there

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is no other cause of action against the applicant.

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With the above observation, the application under section 482 Cr.P.C. is finally disposed of.

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The observation made herein above will have no bearing upon the merit of the case.

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Order Date :- 3.5.2019 S Rawat

Shiv Kumar Pandey @ Munna Pandey v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Shiv Kumar Pandey @ Munna Pandey v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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