Section 482 CrPC application seeking quashing of a summoning order in a cheque-dishonour complaint was referred to mediation on applicant's request to settle. Applicant directed to deposit Rs.2,05,000; no coercive steps pending deposit; application to stand dismissed if deposit not made.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.5)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 16756 of 2024
Applicant :- Kaushal Kishore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Fakhruzzaman, learned counsel for the applicant and Sri Sandeep Choudhary, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order 05.07.2023 as well as the entire proceedings of Complaint Case No. 954 of 2022 under Section 138 of Negotiable Instruments Act (in short, 'the N.I. Act' ), P.S.- Kotwali Konch, District- Jalaun, pending before the Court of Judicial Magistrate- Konch, DistrictJalaun.
3. Learned counsel for the applicant at the outset without disputing the liability and the issuance of cheque submits that the applicant wants to settle the dispute, if an opportunity is granted to settle the dispute through mediation. He further submits that the applicant is ready and willing to deposit the cheque amount of Rs. 2,00,000/- to show his bona fide . 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.
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.
5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.
6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to
deposit a sum of Rs. 2,05,000/- by way of Demand Draft / pay order 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. 2,05,000/-, Rs. 10,000/- shall be paid to the opposite party no.2 (complainant) on his first appearance, Rs. 10,000/- on his second appearance and Rs. 10,000/- on his third 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. 1,70,000/- 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 the applicant.
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.
8. Thereafter, the case shall be listed on 12.12.2024 in additional cause list alongwith the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.
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 summoning order 05.07.2023 as well as the entire proceedings of Complaint Case No. 954 of 2022 under Section 138 of Negotiable Instruments Act (in short, 'the N.I. Act' ), P.S.- Kotwali Konch, District- Jalaun, pending before the Court of Judicial Magistrate- Konch, District- Jalaun.
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.
Order Date :- 6.9.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Section 482 application seeking quashing of a Section 138 NI Act summoning order can be resolved through mediation with deposit of the cheque amount.
2 provisions across 2 enactments
Kaushal Kishore
State of U.P.
Anish Kumar Gupta
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
