Quashed

M/S Rudra Buildwell Projects Private Limited v. State of U.P. and Another

Allahabad HC26 Jul 2021A482/7606/2019

Case brief

AI extract

What is this about?

The High Court quashed proceedings under Section 138 of the Negotiable Instruments Act and a summons order, holding that the offence is compoundable under Section 147 and no useful purpose would be served in prolonging proceedings after a settlement agreement was executed between the parties via mediation.

What did the court decide?

Quashing of Criminal Complaint Case No. 2081 of 2017 and summoning order dated 07.04.2018.

M/S Rudra Buildwell Projects Private Limited Vs State of… — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 7606 of 2019

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Applicant :- M/S Rudra Buildwell Projects Private Limited Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Kumar Singhal Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, learned counsel for opposite party no.2 as well as learned A.G.A. and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of Criminal Complaint Case No. 2081 of 2017 (Old No. 1528 of 2017) (M/S Aditya Estates Vs. M/s Rudra Buildwell Projects Private Limited and Others) under Section 138 of N.I. Act, P.S. Sector-20, Noida, District- Gauta Buddh Nagar as well as summoning order dated 07.04.2018 passed by Additional Chief Judicial Magistrate, Gautam Buddh Nagar.

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This Court vide its order dated 12.04.2019 had referred the matter to the Mediation Centre in order to enable the parties to reach an amicable settlement. Pursuant to the said order, the applicant and the Opposite Party No.2 appeared before the Mediation Centre and the settlement agreement dated 20.01.2021 has been made between them, which has been reduced in writing and forms part of this application.

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Learned counsel for the applicant submits that parties have amicably settled their dispute and have entered into settlement agreement through the process of Conciliation/Mediation and the parties have agreed that all cases pending before any court whether civil or criminal relating to the present dispute, shall be withdrawn by taking appropriate steps before the concerned court. Therefore, no fruitful purpose would be served in keeping the matter pending. Learned counsel for opposite party no.2 has acknowledged the settlement.

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It is a case under Section 138 of Negotiable Instrument Act. There is specific provision which empowers to make the offence compoundable. Instant offence is compoundable as provided under Section 147 of Negotiable Instrument Act which reads as under:

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"147 Offences to be compoundable - Notwithstanding anything contained

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in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable."

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Considering the facts and circumstances of the case, as noted herein above, as also the submissions made by the counsel for the parties and the fact that the offences under Negotiable Instrument Act have been made compoundable one and the parties have settled all their disputes before mediation centre by entering into a compromise, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the entire proceedings of Criminal Complaint Case No. 2081 of 2017 (Old No. 1528 of 2017) (M/S Aditya Estates Vs. M/s Rudra Buildwell Projects Private Limited and Others) under Section 138 of N.I. Act, P.S. Sector-20, Noida, District- Gauta Buddh Nagar as well as summoning order dated 07.04.2018 passed by Additional Chief Judicial Magistrate, Gautam Buddh Nagar, are hereby quashed.

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This application under Section 482 CrPC is, accordingly, disposed o f . There shall be no order as to costs.

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Let a copy of this order be sent to the Court concerned within a week for communication and necessary action.

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Order Date :- 26.7.2021 S.Verma

M/S Rudra Buildwell Projects Private Limited v. State of U.P. and Another

Case brief

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M/S Rudra Buildwell Projects Private Limited v. State of U.P. and Another

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M/S Rudra Buildwell Projects Private Limited Vs State of U.P. and Another