Disposed

Jogindra Singh v. State of U.P. and Another

Allahabad HC18 Jun 2020A482/10804/2020

Case brief

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What is this about?

The court disposed of a Section 482 Cr.P.C. application seeking quashing of summoning order and proceedings under the Negotiable Instruments Act by directing that the applicant appears before the lower court to request settlement, with proceedings proceeding if no settlement is reached.

What did the court decide?

Applicant directed to appear before the concerned court to request settlement; proceedings to continue if no settlement is reached.

Jogindra Singh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 43 Case :- APPLICATION U/S 482 No. - 10804 of 2020 Applicant :- Jogindra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant and the learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 16.11.2019 passed by Additional Court, Muzaffar Nagar in Complaint Case No.620 of 2019 (Ramnivas Pal Vs. Jogindra), under Section 138 N.I.Act, Police Station Nai Mandi, Distric Muzaffar Nagar, pending before the Court of Special Judge (N.I. Act), Muzaffar Nagar along with the entire proceeding of Complaint Case No. 620 of 2019 (Ramnivas Pal Vs. Jogindra), under Section 138 N.I.Act, Police Station Nai Mandi, District Muzaffar Nagar, pending before the court of Special Judge (N.I.Act), Muzaffar Nagar.

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Learned counsel for the applicant submits that the applicant had handed over three blank cheque nos. 925270, 925271 and 925272 to Divisional Co-ordinator, Ramnivas Pal and and two blank cheque nos. 925273 and 925265 to Ravindra Gautam by signing in the year 2015 on the occasion of birthday of Km.Mayawati. On 13.05.2016, he moved an application to S.H.O. Police Station Chhapar, District Muzaffar Nagar as well as Branch Manager, P.N.B., Chhapar, Muzaffar Nagar, on which payment was stopped by the Bank also vide paper no.39 annexed to the application. Even then the opposite party no.2 Ramnivas Pal has filed complaint under Section 138 of N.I. Act and he has made request that the matter may be referred to mediation centre at Allahabad High Court because if matter is referred to Muzaffar Nagar, it will add dispute between the parties being active member of Bahujan Samaj Party. He is ready to settle the matter in dispute with the opposite party no.2.

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Learned A.G.A. opposes the application and submits that if the applicant is ready to settle the dispute, it will be proper to approach the court concerned, who is in seisin of the matter and it may be settled there.

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Considering the facts and circumstances of the case and submission of the learned counsel for the applicant, it is

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provided that if the applicant appears before the court concerned and requests the court for settlement of the matter then the court may consider his request first and if no settlement is made out then proceed further in the matter.

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Accordingly, the application is disposed of.

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Order Date :- 18.6.2020 MAA/-

Jogindra Singh v. State of U.P. and Another

Case brief

What is this about?

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Jogindra Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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