Brij Kishor Tiwari Vs Manik Lal Pal and 2 Others

Court No. - 90

Case :- MATTERS UNDER ARTICLE 227 No. - 849 of 2022

Petitioner :- Brij Kishor Tiwari Respondent :- Manik Lal Pal And 2 Others Counsel for Petitioner :- Niraj Tiwari,Rohit Tiwari

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

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Heard learned counsel for the petitioners 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 petitioners to set aside the summoning order dated 14.09.2021 passed by Civil Judge (J.D.) F.T.C./ Judicial Magistrate, Jhansi, the complaint dated 14.10.2020 and its entire proceedings. Further, prayer not to take any coercive action against the petitioner pursuant to order dated 14.09.2021 passed by Civil Judge (J.D.) F.T.C./ Judicial Magistrate Jhansi in Complaint Case No.8657 of 2020, Manik Lal Pal versus Brij Kishor Tiwari, under Section 138 N.I. Act, Police Station Navabad, District Jhansi is also made.

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The matter relates to Section 138 N.I. Act. According to the petitioners, they have returned the amount taken from the opposite party no.1 as loan and have 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 petitioners appear 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 petitioners in the aforesaid case.

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With the aforesaid direction, the petition is disposed of .

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Order Date :- 22.2.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.02.23 16:40:41 IST Reason: Location: High Court of Judicature at Allahabad

Brij Kishor Tiwari v. Manik Lal Pal and 2 Others

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Brij Kishor Tiwari v. Manik Lal Pal and 2 Others

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