Single judge dismissed the application to quash proceedings under Section 138 NI Act by directing trial court to refer parties to mediation committee within 15 days and stayed coercive action.
Proceedings referred to mediation committee; coercive action stayed for three months.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 20231 of 2022
Applicant :- Brijendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant and Sri Amit Kumar Singh, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 11.01.2022 as well as entire proceedings of Criminal Complaint Case No. 325 of 2020 (Rajeev Kumar Yadav vs. Brijendra Kumar), under Section138 NI Act, Police Station- Friends Colony, District- Etawah, pending in the court of learned Additional Chief Judicial Magistrate, Etawah, Court No.4, Etawah.
Learned counsel for the applicants submits that the dispute between the parties relates to NI Act, and in case the matter is referred to the Mediation Centre, District- Etawah, the parties may get the opportunity to settle their dispute.
Issue notice to opposite party no.2 to be present before the trial court.
In view of the aforesaid, no useful purpose would be served by keeping the proceedings of the aforesaid case pending before this Court. The court below is directed to refer the parties to the committee constituted for mediation at District Etawah within a period of 15 days from the date of receipt of the certified copy of this order.
The mediation centre shall submit its report within three months from the date of receipt of the case before the learned Magistrate.
For a period of three months from today, no coercive action shall be taken against the applicants.
With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed of.
Order Date :- 5.8.2022/Priya
Digitally signed by PRIYA KUSHWAHA Date: 2022.08.06 09:36:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the summoning order and criminal proceedings for a cheque dishonour dispute.
2 provisions across 2 enactments
Brijendra Kumar
State of U.P.
Another
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
