Disposed

Dharmendra Alias Bablu D Maurya v. State of U.P. and Another

Allahabad HC15 Jul 2024A482/11271/2024

Case brief

AI extract

What is this about?

The Allahabad High Court referred a cheque bounce case under Section 138 NI Act to mediation. The applicant was directed to deposit the cheque amount plus mediation fees within two weeks. Pending deposit and successful mediation, coercive action was stayed. Failure to deposit within the deadline would result in dismissal of the application.

What did the court decide?

Application referred to Mediation Centre; coercive steps stayed upon deposit of cheque amount and mediation fees within two weeks; application to be dismissed if amount not deposited.

Dharmendra Alias Bablu D Maurya vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2024)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.8)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 11271 of 2024

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Applicant :- Dharmendra Alias Bablu D Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvani Kumar Tiwari,Devesh Kumar Giri Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Somveer, Advocate holding brief of Sri Deveh Kumar Giri, learned counsel for the applicant and Sri Padmakar Rai, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order 17.08.2018 as well as the entire proceedings of Complaint Case No. 649 of 2022 (Arvind Kumar Das Vs. Dharmendra), under Section 138 of Negotiable Instruments Act, P.S. Line Bazar, district Jaunpur, pending before the Chief Judicial Magistrate-IV, Jaunpur.

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Learned counsel for the applicant submits that the applicant is ready and willing to pay the cheque amount i.e. 37,791/with Rs. 5,000 towards the mediation cost to show settled the dispute between the applicant and opposite party no.2 outside the Court. Learned counsel for the applicant submits that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

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4.Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

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Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

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In view thereof, let notice be issued to opposite party no.2 to put his appearance before the Mediation Centre of this Court.

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Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit the cheque amount of of Rs. 37,791/- plus Rs. 5,000/towards the mediation cost by way of Demand Draft / pay order

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in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, mediation centre shall send a notice to the opposite party no.2. Out of Rs. 37,791/-, Rs. 10,000/- shall be paid to the opposite party no.2 (complainant) on his first appearance before the Mediation and Conciliation Centre and Rs. 27,791/- is concerned, in case the dispute is settled between the parties, the same shall be paid to the opposite party no.2 on final settlement of dispute. However, in case the mediation fails, the said amount shall be returned to the applicant.

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The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months after giving notices to both the parties.

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Thereafter, the case shall be listed on 05.08.2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

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From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicant in pursuance of the Complaint Case No. 649 of 2022 (Arvind Kumar Das Vs. Dharmendra), under Section 138 of Negotiable Instruments Act, P.S. Line Bazar, district Jaunpur, pending before the Chief Judicial Magistrate-IV, Jaunpur.

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However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court.

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Order Date :- 15.7.2024 Ashish Pd.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Dharmendra Alias Bablu D Maurya v. State of U.P. and Another

Case brief

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Dharmendra Alias Bablu D Maurya v. State of U.P. and Another

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