Disposed

Satyapal Singh Kashyap v. State of Up and Another

Allahabad HC10 May 2019A482/18760/2019

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash proceedings under Section 138 NI Act, asserting readiness to repay Rs. 2.5 lakhs and settle the matter. The court directed that the applicant move an application for compromise before the lower court within two weeks.

What did the court decide?

Direction to applicant to file an application for compromise before the court below within two weeks.

Satyapal Singh Kashyap 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. - 18760 of 2019

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Applicant :- Satyapal Singh Kashyap Opposite Party :- State Of Up And Another Counsel for Applicant :- Jeetendra Kumar Sharma 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 on behalf of the applicant with the prayer to quash the summoning order dated 20.12.2018 passed by 8th Additional Chief Judicial Magistrate, Meerut as well as entire criminal proceeding of Complaint Case No. 6562 of 2018 (Rishipal Singh Vs. Satyapal Singh), under Section 138 Negotiable Instrument Act, Police Station-T.P. Nagar, District-Meerut, pending in the court of 8th Additional Chief Judicial Magistrate, Meerut.

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Submission is that in this case, the transaction was effected between the parties and it was meant to be utilised for opening some factory/industry and the applicant is ready to pay back the amount in question i.e. Rs. 2,50,000/-. Since, the applicant is ready to pay back the amount, it would be better if direction issued for facilitating compromise either at the Mediation Centre of the High Court or at the lower court.

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Learned A.G.A. intervened and submitted that the process can be effectively drawn at the lower court itself provided appropriate application is moved by the applicant himself within two weeks from today.

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At this stage, learned counsel for the applicant again intervened and submitted that some reasonable time is to be allowed to the applicant for paying back the money in question.

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So far as this submission is concerned, it is up to the court below to look into the fact and to allow reasonable time to the applicant. Two-three months time was sought within which the applicant, who is involved in three such cases would have to pay the entire amount and which he will pay back. This submission should be worked out by the court below in order to make facilitate amicable settlement of the dispute provided an application in that regard is moved within two weeks from today before the court below and in case, any such application is moved and the applicant bonafide seeks intervention of the concerned court below, it is expected that the matter should not be decided on merit, but by way of compromise and consequential order

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be passed accordingly winding up the proceeding.

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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.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of .

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Order Date :- 10.5.2019 S Rawat

Satyapal Singh Kashyap v. State of Up and Another

Case brief

What is this about?

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Satyapal Singh Kashyap v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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