Allowed

Tej Prakash Mishra v. State of U.P. and Another

Allahabad HC22 Mar 2023A482/6906/2023

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash proceedings under Section 138 N.I. Act. Upon production of a demand draft meeting the higher court's earlier conditions, the accused was paid and the proceedings were quashed.

What did the court decide?

Quashed the entire proceedings pending in the Additional Civil Judge/Judicial Magistrate Court No. 20, Deoria, under Section 138 N.I. Act.

Tej Prakash Mishra Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 6906 of 2023

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Applicant :- Tej Prakash Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Pandey,Kripa Shankar Shukla Counsel for Opposite Party :- G.A.,Rajeshwar Singh

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Sudhanshu Pandey, learned counsel for the applicant, Sri Rajeshwar Singh, learned counsel for the opposite party no.2 and Sri Ankit Srivastava, learned AGA for the State and perused the records.

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The present application under Section 482 Cr.P.C., has been filed by the applicant Tej Prakash Mishra with the prayer to quash the impugned order dated 30.11.2021 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.20, Deoria in Case No. 9363 of 2021 (Mohd. Ansar Vs. Tej Prakash Mishra), under Section 138 N.I. Act and entire proceeding of said case pending in the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.20, Deoria u/s 138 N.I. Act and further to stay the effect and operation of the aforesaid impugned order passed in the aforesaid case.

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On 24.2.2023, following order was passed by this Court :-

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"List revised.

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Heard Sri Sudhanshu Pandey, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State.

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Learned counsel for the applicant states that he is ready to pay the amount of cheque to the opposite party no.2 along with Rs. 5,000/- as penalty in lieu of cheque No. 549850 dated 15.07.2021 which stood dishonoured regarding which the complaint has been filed and shall produce the demand draft in favour of opposite party no.2 before this Court on 15.03.2023 after which the Court may compound the offence and quash the proceedings of the complaint.

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Learned counsel for the opposite party no.2 has no objection to the said offer and states that he is ready to accept the same provided the said statement is honoured in full by the applicant.

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In view of the statement made by the learned counsel for the applicant which is accepted by the learned counsel for the opposite party no.2.

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Let the matter be listed on 15.03.2023 within the first five cases.

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Till the next date of listing, no coercive action shall be taken against the applicant Tej Prakash Mishra in Case No. 9363 of 2021 (Mohd. Ansar Vs. Tej Prakash Mishra), under Section 138 N.I. Act, pending in the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.20, Deoria."

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Today learned counsel for the applicant has produced before the Court a demand draft no.824226, dated 14.03.2023 in original and a photocopy thereof drawn in favour of opposite party no.2 for Rs.25,000/- drawn on State Bank of India, Allahabad High Court Branch. Photocopy of the said demand draft has been retained in the records of this case whereas original has been handed over by learned counsel for the applicant to learned counsel for the opposite party no.2 who has duly accepted the same.

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Learned counsel for the opposite party no.2 states that since the opposite party no.2 has been paid the amount of dispute along with Rs.5,000/- as penalty in lieu of cheque in question, the present petition be allowed and the proceedings against the applicant be quashed.

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Looking to the facts and circumstances of the case and the fact that draft of Rs.25,000/- has been duly accepted by learned counsel for the opposite party no.2 today in Court, the entire proceedings of the aforesaid case are hereby quashed.

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The present application u/s 482 Cr.P.C is allowed .

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(Samit Gopal, J.)

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Order Date :- 22.3.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Tej Prakash Mishra v. State of U.P. and Another

Case brief

What is this about?

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Tej Prakash Mishra v. State of U.P. and Another

Case brief

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What did the court decide?

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