High Court disposed of an application under Section 482 CrPC for quashing Section 138 N.I. Act proceedings. Court directed parties to mediate/compound within five months, directing no coercive measures during this period.
No coercive measures till mediation/compounding attempted within five months; case referred to trial court for compounding.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 40113 of 2022
Applicant :- Sachin Jain Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the entire criminal proceedings of Complaint Case No.707 of 2013 (Surendra Singh Chawla Vs. Sachin Jain and others), under Section 138 of Negotiable Instruments Act, P.S. Rakabganj, District Agra pending before the Additional Court, Court No.3, Agra with an alternative prayer to stay the further proceedings of the above mentioned case.
Learned counsel for the applicant submits that this matter can be settled through the process of Mediation/compounding in accordance with the directions issued by the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663.
As requested by the counsel for the parties, it is directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra).
If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits.
In the aforesaid period of five months or till the decision given
in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused/applicant.
With the aforesaid observations this application is disposed of.
Order Date :- 25.1.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether Section 482 CrPC application for quashing proceedings under Section 138 of the Negotiable Instruments Act should be disposed of in light of mediation directions?
Colour shows how this judgement treated each authority
Damodar S. Prabhu Vs. Sayed Babulal H.Explained¶7
Damodar S. Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663 · Who else cites this
Damodar S. Prabhu Vs. Sayed Babulal H.Explained¶8
Damodar S. Prabhu (supra)
2 provisions across 2 enactments
Sachin Jain
State of U.P.
Umesh Chandra Sharma
Shahroz Alam
As recorded by the court registry
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