CIVL APPLICATION u/s 482 Cr.P.C. disposed. Court granted stay on trial pending final settlement by Magistrate.
Stay on trial proceedings; parties to approach Magistrate to consider facts and pass orders within 30 days.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 9100 of 2021
Applicant :- Mohd Nafees Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Singh,Vinay Kumar Singh
Counsel for Opposite Party :- G.A.,Kamlesh Kumar Tiwari
Hon'ble Umesh Kumar,J.
Heard S/Sri Rajesh Kumar Singh,Vinay Kumar Singh, learned counsel for applicant, Sri Kamlesh Kumar Tiwari, learned counsel for the opposite party no.2 and learned A.G.A. for State and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed challenging summoning order dated 26.06.2018 passed by Judicial Magistrate, Court No.1, Jhansi in Case No.1432 of 2018, (Kishan Lal Vs.Mohd Nafees), under Section 138 of Negotiable Instrument Act, as well as entire proceedings of above-mentioned case.
Learned counsel for the applicant states that the applicant has already paid entire dues to opposite party no.2 and assures this Court that if any amount is due, the applicant is still ready to pay the same.
Learned counsel for the opposite party no.2 states that matter relates to financial issues. He has also disputed aforesaid fact as asserted by learned counsel for the applicant.
In view of above, present application under Section 482 Cr.P.C. is disposed of finally with the observation that the parties shall approach learned Magistrate concerned who shall consider entire facts of the case and pass appropriate orders within 30 days from today. Till the disposal of the same, the trial proceeding of aforesaid case shall be kept in abeyance. If, under any circumstance, the matter is not settled finally, the trial will take its own course.
Order Date :- 16.9.2021 MN/-
1 issue framed by the court
Whether to intervene in the summons proceedings under Section 138 of the Negotiable Instruments Act.
1 provisions across 1 enactments
Mohd Nafees
State Of U.P.
Umesh Kumar
As recorded by the court registry
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