Allowed

Sunil Taneja v. State of U.P. and Another

Allahabad HC7 Aug 2019A482/27868/2018

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash Criminal Case No. 1514 of 2018. The court observed that a settlement of Rs. 50,00,000/- was reached between the applicant and opposite party no.2, with the balance payment made in court before the final order was passed.

What did the court decide?

Impugned order dated 17.05.2018 summoning the applicant in Criminal Case No. 1514 of 2018 is quashed.

Sunil Taneja Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 27868 of 2018

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Applicant :- Sunil Taneja Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Samit Gopal Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Samit Gopal, learned Senior Advocate appearing on behalf of the applicant, learned AGA for the State and Sri Akhilesh Singh, learned counsel for the opposite party no.2.

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Present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 17.05.2018 passed by the 3rd Additional Chief Judicial Magistrate, Gautam Budh Nagar in Criminal Case No. 1514 of 2018 (State of U.P. Vs. Sunil Taneja), under Sections 323, 376, 506, 313 IPC, whereby the applicant was summoned for facing trial, P.S. Bisrakh, District Gautam Budh Nagar.

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This Court vide order dated 14.8.2018 referred the matter to the Mediation Centre. In pursuance thereof, parties appeared before the mediator and settlement has been arrived at between the parties. The terms of the settlement are quoted hereunder:

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(a) That Sri Sunil Taneja (Applicant) and Smt. Jyoti (Opposite Party No.2) have settled their dispute on the condition that Sri Sunil Taneja (applicant) shall pay an amount of Rs. 50,00,000/- (fifty lacs only) to Smt. Jyoti (O.P. No.2).

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(b) That today i.e. 30.10.2018, the applicant has produced three Bankers Cheques of total Rs. 30,00,000/-, which are being kept in the file of the Mediation Centre and the same shall be handed over to the O.P. No.2 at the time of final settlement. The details of the banker's cheques are as under:

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SI.	Banker Cheque	Dated	Amount	Issuing Bank
No.	No.
1	833500	20.10.2018	11,00,000/-	SBI
2	833501	20.10.2018	10,00,000/-	SBI
3	833502	20.10.2018	9,00,000/-	SBI

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(c) That it has been agreed between the parties that the remaining amount i.e. Rs. 20,00,000/- (twenty lacs only) will be paid by the applicant to the O.P. No.2 at the time of quashing of the impugned order dated 17.05.2018 passed by the 3rd ACJM, Gautam Budh Nagar in Crl. Case No. 1514/2018 (State Vs. Sunil Taneja), arising out of Case Crime No. 120/2018, u/s 323, 376, 506, 313 IPC, P.S. Bisrakh, District Gautam Budh Nagar, if the Hon'ble Court seems proper.

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(d) That it has been agreed between the parties that they shall file a joint affidavit before the Hon'ble Court in the present and shall also produce the certified copy of the same before the Centre on 13.11.2018.

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(e) That it has been agreed between the parties that they shall appear again before the Centre on 13.11.2018.

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From the above settlement, it is apparent that matter was settled for Rs. 50,00,000/-, out of which, Rs. 30,00,000/- has already been paid to the complainant-opposite party no.2 through three banker's cheques. It was also agreed between the parties that remaining amount i.e. Rs. 20,00,000/- will be paid to the complainant-opposite party no.2 at the time of passing of final order in the present case.

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Today, a Demand Draft of Rs. 20,00,000/- bearing No. 079294 (Bank of Maharashtra), has been given to the counsel appearing for the complainant-opposite party no.2, which is received by Smt. Jyoti in the Court.

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In view of the above, Criminal Case No. 1514 of 2018 (State of U.P. Vs. Sunil Taneja), under Sections 323, 376, 506, 313 IPC are hereby quashed.

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The application stands allowed.

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Order Date :- 7.8.2019 Noman

Sunil Taneja v. State of U.P. and Another

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Sunil Taneja v. State of U.P. and Another

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