Disposed

Smt. Usha Verma v. State of U.P. and Another

Allahabad HC28 May 2019A482/21072/2019

Case brief

AI extract

What is this about?

The High Court, admitting the plea in an application under Section 482 Cr.P.C. to quash proceedings under Section 138 NI Act, directed the lower court to facilitate a settlement within fifteen days and stayed coercive action during the negotiation period as a waiver of money-contentious criminal trial.

What did the court decide?

Stayed coercive action for 15 days; directed lower court to facilitate settlement between parties.

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

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 21072 of 2019

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Applicant :- Smt. Usha Verma Opposite Party :- State Of U.P. 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, learned A.G.A. for the State and perused the material brought on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 8.12.2017 passed by the Additional Chief Judicial Magistrate, Agra in Complaint Case No. 3863/2017 (M/s D.K. Enterprises Vs. Proprietor Usha Verma) as well as to quash the proceedings of Complaint Case No. 3863/2017 (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 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 fifteen 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

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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 :- 28.5.2019 S Rawat

Smt. Usha Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Usha Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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