Disposed

Dinesh v. State of U.P. and Another

Allahabad HC1 Feb 2021A482/2067/2021

Case brief

AI extract

What is this about?

Supreme Court applied nuance to Section 482 Cr.P.C. application under Section 138 NI Act. Principal prayers for quash refused. Court directed accused to apply for compounding within one month, with five-month window for conclusive decision, barring coercive measures during this period.

What did the court decide?

Application for quash refused. Directed accused to appear for compounding application within one month; no coercive measures for five months.

Dinesh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 2067 of 2021

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Applicant :- Dinesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the applicant is taken on record.

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

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding of Complaint Case No.1493 of 2020 ( Naresh Kumar vs. Dinesh), under Section 138 of N. I. Act, Police Station Mai Mandi, District Muzaffarnagar, pending in the court of Additional Court, Muzaffarnagar as well as the summoning order dated 23.09.2020.

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At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He further submits that the applicant is ready to settle the dispute in light of the judgement of the Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H. 2010 (5) SCC 663.

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Considering the submissions made by learned counsel for the applicant, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.

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However, so far as the last submission made by the counsel is concerned, in light of observations made by the Hon'ble Supreme Court in Damodar S. Prabhu (supra), it is directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved, the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a period of five months from today.

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If the decision of the Court given in light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits.

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In the aforesaid period of five months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused.

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It is made clear that no application for extension of time shall be entertained if this order is not availed by the accused within the stipulated period of time. It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved before this Court.

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With the aforesaid observations this application is disposed of.

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Order Date :- 1.2.2021 Asha

Dinesh v. State of U.P. and Another

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Dinesh v. State of U.P. and Another

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