Vijay Kumar Jha and Another v. State of U.P. and Another
Case brief
What is this about?
Applicants sought quashing of a cheque-dishonour summoning order but requested referral to mediation, offering to deposit funds as bona fide. The High Court referred the dispute to the Allahabad High Court Mediation Centre on condition of a Rs.4,05,000/- deposit and stayed coercive action pending settlement.
What the court decided
Neutral Citation No. - 2024:AHC:184703
Court No. - 79
Case :- APPLICATION U/S 482 No. - 17132 of 2024
Applicant :- Vijay Kumar Jha And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
- Heard Sri Rahul Tripathi, learned counsel holding brief of Sri Santosh Tripathi, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.
- The present 482 Cr.P.C. application has been filed to quash the summoning order dated 14.02.2019 passed by learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No.6, Ghaziabad as well as entire proceedings of Complaint Case No.3365 of 2022 arising out of Complaint Case No.402 of 2018, under Sections-138 of Negotiable Instruments Act, 1881, Police StationIndirapuram, District-Ghaziabad, pending in the court of learned Judge Additional Court No.2, Ghaziabad.
- Contention of learned counsel for the applicants is that applicants are ready to settle the dispute with opposite party no.2, therefore, the matter may be referred to the Mediation Centre, High Court, Allahabad. It is further submitted that applicants are ready to deposit the reasonable amount as may be directed by this court to show his bona fide.
Issues for consideration
1 issue framed by the court
Whether the s.138 NI Act proceedings pending against the applicants should be quashed or the dispute settled through mediation.
Parties & counsel
- applicant
Vijay Kumar Jha And Another
- respondent
State Of U.P.
- respondent
Opposite Party No.2
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/17132/2024
All orders in this case
3 orders share this CNR
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