This order disposed of an application to quash process under Section 82 Cr.P.C. and NBW in a cheque dishonour case. The court directed the applicant to move an application for mediation before the competent court instead of granting quashing.
Application dismissed and applicant directed to move for mediation before the competent court.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 11346 of 2022
Applicant :- Vivek Tiwari Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Devendra Kumar Misra,Bal Ram Gupta
Counsel for Opposite Party :- G.A.,Abhishek Tripathi
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned counsel for opposite party no.1, learned A.G.A for the State and also perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the orders dated 14.03.2022 and 29.03.2022 onwards issuing process under Section 82 Cr.P.C. as well as NBW against the applicant in Criminal Misc. Case No.5162 of 2010 (Rajesh Kumar Gupta vs. Vivek Tiwari), under Section 138 NI Act, Police Station Feelkhana, District Kanpur Nagar.
Learned counsel for the applicant submitted that applicant is ready to pay the entire amount to opposite party no.1 by way of compromise and the Demand Draft of Rs.5,00,000/- is ready.
It is submitted by learned counsel for opposite party no.1 that proceedings under Section 82 Cr.P.C. and NBW has been issued against the applicant and he has been granted bail by the Trial Court. Thus, this application under Section 482 Cr.P.C. is infructuous.
Thus, this application u/s 482 Cr.P.C. is disposed of with a direction that applicant shall move an application for mediation before the competent court.
Order Date :- 18.7.2022 Priya
Digitally signed by PRIYA KUSHWAHA Date: 2022.07.18 14:11:40 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the process and NBW issued under Section 82 Cr.P.C. in the underlying cheque dishonour case.
1 provisions across 1 enactments
Vivek Tiwari
State Of U.P.
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
