Application to quash proceedings under Section 138 N.I. Act. Application found that parties entered into a compromise via mediation. Application allowed; proceedings quashed based on settled principle that no useful purpose is served if dispute is settled.
Proceedings under Complaint Case No. 16/2021 under Section 138 N.I. Act are quashed.
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Neutral Citation No. - 2023:AHC:161104
Court No. - 87
Case :- APPLICATION U/S 482 No. - 1696 of 2023
Applicant :- Rajveer Singh Bedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Romeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
"List revised.
Heard Sri Romeshwari Prasad, learned counsel for the applicant, Ms. Arti Agarwal, learned counsel for the State and perused the record.
The present dispute between the parties relates to dishonour of cheque. Learned counsel for the applicant states that the matter be referred to the Mediation and Conciliation Centre of this Court for an effort to settle the dispute amicably between the parties. In view of the submissions made by learned counsel for the applicant, let the matter be referred to the Mediation and Conciliation Centre of this Court, subject to the applicants depositing a sum of Rs.30,000/- within two weeks from today before the Mediation Centre, out of which Rs.25,000/- shall be paid to the opposite party no. 2 after conclusion of the process of mediation.
In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of three weeks. Learned mediator shall make an endeavour to conclude the same within two months. Let the matter be listed on 06.04.2023. On that date learned counsel for both the parties shall inform the Court regarding outcome of the proceedings of mediation.
The Mediation Centre shall also send its report to this Court by the next date.
Till the next date of listing, further proceedings of Complaint Case No. 16/2021 (Old No. 191/2014), under Section 138 N.I. Act, Sunil Vaid Vs. Rajveer Singh Bedi, P.S. Indrapuram, District Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, (Junior Division), Court No. 2, Ghaziabad against the applicant Rajveer Singh Bedi shall remain stayed only."
Order Date :- 9.8.2023 Sartaj
Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether proceedings under Section 138 N.I. Act should be quashed in light of settlement between parties.
Whether Section 482 Cr.P.C. can be invoked to quash criminal proceedings upon compromise.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Rajveer Singh Bedi
State of U.P.
Sunil Vaid
Neeraj Tiwari
Sartaj Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
