Disposed

Swayam Prakash Shukla v. State of U.P. and Another

Allahabad HC2 Apr 2024A482/1717/2024

Case brief

AI extract

What is this about?

On an application under Section 482 Cr.P.C., the court, following prior directions, noted consent from the opposite party to refer the cheque dishonour case to mediation. The petitioner was directed to deposit Rs. 15,000 as security. Proceedings were stayed pending mediation report.

What did the court decide?

Order referred compromise/mediation to Mediation and Conciliation Centre; petitioner to deposit Rs. 15,000; proceedings stayed.

Swayam Prakash Shukla vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 15 Case :- APPLICATION U/S 482 No. - 1717 of 2024 Applicant :- Swayam Prakash Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Chandra Verma Counsel for Opposite Party :- G.A.,Anoop Kumar Upadhyay

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Hon'ble Karunesh Singh Pawar,J.

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In compliance of order dated 23.02.2024, petitioner-Swayam Prakash Shukla as well as respondent No.2-Pankaj Pandey are present before this Court.

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Heard learned counsel for the petitioner, learned A.G.A. for the State as well as learned counsel for the complainant.

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Vide order dated 23.02.2024, the Co-ordinate Bench of this Court has passed the following order:-

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"1. Heard Sri G.C. Verma, learned counsel for the petitioner and Ms. Swati Upadhyaya, learned State Counsel.

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2. Issue notice to opposite party no.2, returnable at an early date.

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3. Steps be taken within a week.

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4. Office to proceed accordingly.

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5. This petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to set aside the impugned order dated 26.04.2023 passed by Judicial Magistrate-II, Court no. 13, District Basti and also quash the proceedings of Complaint Case No. 17269 of 2022; Pankaj Pandey Vs. Swayam Prakash Shukla, contained as Annexure No. 1 and 8 to this petition.

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6. At the very outset, learned counsel for the petitioner has stated that though the proceedings of Section 138 of the Negotiable Instrument Act, which are pending against the petitioner, are not maintainable, inasmuch as the ingredients of Section 138 of N.I. Act are not attracted in the present case but this is a case wherein the amicable solution is possible, therefore, the matter may be referred to the Mediation & Conciliation Centre of this Court.

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7. Before sending the issue to the Mediation and Conciliation Centre, consent of the parties would be required. Therefore, on the next date fixed, petitioner, namely, Swayam Prakash Shukla and opposite party no. 2, namely, Pankaj Pandey shall appear

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in person for the purposes of giving consent for sending the matter to the Mediation and Conciliation Centre of this Court for amicable solution.

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8. List this case on 02.04.2024. On the said date, the petitioner and opposite party no.2 shall appear in person before this Court.

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9. The Station House Officer, Police Station Kaptanganj, District Basti shall intimate this order to opposite party no.2.

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10. Learned State Counsel shall intimate this order to the S.H.O. concerned telephonically/e-mail/ any other convenient mode for its compliance.

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11. Till the next date of listing, further proceedings of Complaint Case No. 17269 of 2022 (supra) shall remain stayed."

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Sri Pankaj Pandey who is present in the court has given his consent for the matter to be referred to the Mediation and Conciliation Center of this Court.

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Accordingly, the petitioner is directed to deposit a sum of Rs. 15,000/- before the Mediation and Conciliation Centre of this Court, out of which Rs. 10,000/- shall be paid to opposite party no. 2 as and when he appears before the Mediation and Conciliation Centre of this Court and the remaining amount i.e. Rs. 5,000/- to be retained by the Mediation and Conciliation Centre of this Court.

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Opposite party no. 2 as well as petitioner is directed to appear before the Mediation and Conciliation Centre of this Court on 18.04.2024

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Mediation and Conciliation Centre of this Court shall submit its report before this Court within three months thereafter.

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List on 29.07.2024.

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Till the next date of listing, further proceedings of Complaint Case No. 17269 of 2022; Pankaj Pandey Vs. Swayam Prakash Shukla (supra), shall remain stayed.

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It is made clear that in case the amount as directed by this Court is not deposited within two weeks from today, the protection provided through this order shall stand vacated automatically.

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Order Date :- 2.4.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Swayam Prakash Shukla v. State of U.P. and Another

Case brief

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Swayam Prakash Shukla v. State of U.P. and Another

Case brief

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