Brij Kishor Tiwari Vs Rahul Yadav and 2 Others

Court No. - 90

Case :- MATTERS UNDER ARTICLE 227 No. - 1174 of 2022

Petitioner :- Brij Kishor Tiwari Respondent :- Rahul Yadav And 2 Others Counsel for Petitioner :- Rohit Tiwari,Niraj Tiwari

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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This petition under Article 227 of the Constitution of India has been filed by the petitioner to set aside the summoning order dated 25.10.2021 passed by Civil Judge (J.D.) F.T.C./ Judicial Magistrate, Jhansi in Complaint Case No.8645 of 2020, Rahul Yadav versus Brij Kishor Tiwari, under Section 138 N.I. Act, Police Station Navabad, District Jhansi and its entire proceedings. Further, prayer not to take any coercive action against the petitioner pursuant to order dated 25.10.2021 passed by Civil Judge (J.D.) F.T.C./ Judicial Magistrate Jhansi is also made.

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The matter relates to Section 138 N.I. Act. According to the petitioner, he has returned the amount taken from the opposite party no.1 as loan and has prayed that an amicable settlement may be tried in the lower court itself.

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In view of the above, it is directed that if the petitioner appear s before the court below within a period of 15 days from today, the court below shall be under obligation to send the file of the parties to the local mediation centre so that the parties may get a chance to get their dispute decided amicably.

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For a period of three months from today or till the mediation proceedings end, whichever is earlier, no coercive action shall be taken against the petitioner in the aforesaid case.

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With the aforesaid direction, the petition is disposed of.

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Order Date :- 5.3.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.03.07 09:20:12 IST Reason: Location: High Court of Judicature at Allahabad

Brij Kishor Tiwari v. Rahul Yadav and 2 Others

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Brij Kishor Tiwari v. Rahul Yadav and 2 Others

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