Disposed

Naveen Kumar Singh v. State of U.P. and Another

Allahabad HC5 Jul 2024A482/14776/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, under Section 482 Cr.P.C., did not decide the quashing application on merits. Instead, it referred the cheque dishonour dispute to mediation, directing the applicant to deposit Rs. 1,50,000/- to initiate proceedings and stay coercive actions.

What did the court decide?

Matter referred to Mediation Centre; coercive steps stayed pending deposit and mediation outcome.

Naveen Kumar Singh vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.7)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 14776 of 2024

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Applicant :- Naveen Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Singh,Sanjay Kumar Pal Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Jai Prakash Singh, learned counsel for the applicant and Sri Uday Bhan, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order 05.01.2021 as well as the entire proceedings of Complaint Case No. 5880 of 2020 (Tribhuwan Verma Vs. Naveen Kumar Singh), under Section 138 of Negotiable Instruments Act, P.S.-Kotwali Nagar, District- Mau, pending before the Court of Additional Chief Judicial Magistrate, Mau.

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3. Learned counsel for the applicant submits that the applicant has entered into some financial transaction with the opposite party no.2 and due to the dishonor of cheque the instant complaint case under Section 138 of the N.I. Act has been filed. 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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5. 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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6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 1,50,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High

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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. 1,50,000/-, Rs. 25,000/- shall be payable to the opposite party no.2 (complainant) on his first appearance before the Mediation and Conciliation Centre and Rs. 5,000/- shall be retained by the Mediation Centre towards expenses. So far as the remaining amount of Rs. 1,20,000/- 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 be the applicant.

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

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8. Thereafter, the case shall be listed on 04.10.2024 in the additional cause list alongwith the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

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9. 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. 5880 of 2020 (Tribhuwan Verma Vs. Naveen Kumar Singh), under Section 138 of N.I. Act, P.S.- Kotwali Nagar, District- Mau, pending before the Court of Additional Chief Judicial Magistrate, Mau.

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10. However, it is provided that if the amount, as directed above, is not deposited by the applicant 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 :- 5.7.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Naveen Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

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Naveen Kumar Singh v. State of U.P. and Another

Case brief

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