Allowed

Bigmool Buildcon Ptv. Ltd. and 2 Others v. State of U.P. and Another

Allahabad HC15 Jul 2019A482/22788/2019

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. challenging an order dated 16.05.2019 issuing Non-Bailable Warrant against applicants for failure to deposit Rs.1,91,00,000/- under Section 138 NI Act during mediation proceedings before High Court Mediation Centre. The High Court quashed the impugned order holding it was a misinterpretation of the interim stay conditions.

What did the court decide?

The order dated 16.05.2019 issuing Non-Bailable Warrant against applicants dated 16.05.2019 passed by Addl. Court No.2 Ghaziabad appended as Annexure No.4 to the application is hereby quashed.

Bigmool Buildcon Ptv. Ltd. and 2 Others Vs State of U.P… — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 22788 of 2019

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Applicant :- Bigmool Buildcon Ptv. Ltd. And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri S.K. Pandey, learned counsel for the applicants and learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the order dated 16.05.2019 passed by the Addl. Court No.2, Ghaziabad passed in Complaint Case No. 1493 of 2017 (Shivdatt Vs. Bigmool Buildcon Pvt. Ltd.), under Section 138 NI Act, Police Station- Sihani Gate, District- Ghaziabad, pending in the court of A.C.J.M., Court No.5, Ghaziabad.

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From perusal of the impugned order, it is apparent that NBW was issued against the applicants as the applicants have failed to deposit Rs.1,91,00,000/- (one crore ninety one lakh) pursuant to the earlier order of this Court dated 09.04.2019, the relevant portion of the order passed by this Court on 09.04.2019 in Application U/S 482 No.12509 of 2019 is quoted as under:

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"It is directed that applicants shall deposit a sum of Rs.20,000/- within one week from today with the Mediation Centre out of which 90% of the amount shall be paid to opposite party no.2 for his appearance before the Mediation Centre.

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The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of six weeks after giving notices to both the parties.

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Thereafter the case shall be listed before appropriate Bench.

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Till the next date of listing, further proceeding in Complaint Case No.1493 of 2017 Shivdatt Vs. Bigmool Buildcon Pvt. Ltd. under Section 138 Negotiable Instruments Act, pending in the court of the Additional Chief Judicial Magistrate, Court No.5, Ghaziabad shall remain stayed subject to the condition that the applicants shall make payment of Rs.1,91,00,000/(rupees one crore ninety one lakhs) to opposite party no.2 before the mediation centre of this Court.

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After depositing the amount, aforesaid, notices shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, this petition shall stand dismissed automatically".

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From the said order, it is apparent that on deposit of Rs.20,000/-, the matter was sent to the Mediation Center for

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settlement of the matter after giving notice to them while passing the order, staying further proceedings condition was opposed to the effect the applicants shall make payment of Rs.1,91,00,000/- (one crore ninety one lakh) to the opposite party no.2 before the Mediation Center of this Court. As per the learned counsel for the applicants, the applicants has deposited Rs.20,000/- as directed by this Court within time and in the Mediation Center, no date has been fixed till date. Since the order is clear that amount of Rs.1,91,00,000/- (one crore ninety one lakh), has to be paid to opposite party no.2, before the Mediation Center of this Court and therefore the order impugned issuing NBW against the applicants is totally misinterpretation of the interim order dated 09.04.2019 passed in Application U/S 482 No.12509 of 2019.

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In view of the above, the order dated 16.05.2019 passed by the Addl. Court No.2, Ghaziabad appended as Annexure No.4 to the application is hereby quashed and the present application stands allowed .

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Order Date :- 15.7.2019 Akbar

Bigmool Buildcon Ptv. Ltd. and 2 Others v. State of U.P. and Another

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Bigmool Buildcon Ptv. Ltd. and 2 Others v. State of U.P. and Another

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