Disposed

M/S Kgn Inter Prizes Prof Samsa Khatoon v. State of U.P. and Another

Allahabad HC3 Jul 2024A482/17975/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings under the Negotiable Instruments Act arising from a cheque-dishonour complaint, the Court referred the matter to the Mediation & Conciliation Centre of the Allahabad High Court for amicable settlement.

What did the court decide?

Matter referred to Mediation & Conciliation Centre; Applicant directed to deposit Rs. 1,00,000/-; no coercive steps against applicant upon deposit.

M/S Kgn Inter Prizes Prof Samsa Khatoon vs State of U.P… — Cheque Dishonour | Allahabad HC (2024)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.20)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 17975 of 2024

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Applicant :- M/S Kgn Inter Prizes Prof Samsa Khatoon Opposite Party :- State of U.P. and Another Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- Asha Parihar,G.A.,Pratik Chandra

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Fakhruzzaman, learned counsel for the applicant and Sri Arvind Kumar, 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 03.11.2021 as well as the entire proceedings of Complaint Case No. 4763 of 2021 (Daminee Girhotra vs. M/s. KGN Enterprises Pro. Samsa Khatoon), under Section 138 of Negotiable Instruments Act, P.S. Kotwali Orai, District Jalaun at Orai, pending in the Court of Civil Judge (C.D)-F.T.C. / Additional Chief Judicial Magistrate Jalaun at Orai.

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Learned counsel for the applicant submits that the applicant and the husband of opposite party no.2 were friends and they were having various transactions out of which the instant complaint case under Section 138 of Negotiable Instruments 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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Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 1,00,000/- 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. Out of Rs. 1,00,000/-, Rs. 25,000/- shall be paid to the opposite party no.2 (complainant) on her 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. 70,000/- is concerned, in

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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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Under the circumstances, both the parties shall appear before the Mediation Centre on 26.07.2024 and would explore the possibilities of settling the dispute.

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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 20.09.2024 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. 4763 of 2021 (Daminee Girhotra vs. M/s. KGN Enterprises Pro. Samsa Khatoon), under Section 138 of Negotiable Instruments Act, P.S. kotwali Orai, District Jalaun at Orai, pending in the Court of Civil Judge (C.D)-F.T.C. / Additional Chief Judicial Magistrate Jalaun at Orai.

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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 :- 3.7.2024 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

M/S Kgn Inter Prizes Prof Samsa Khatoon v. State of U.P. and Another

Case brief

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M/S Kgn Inter Prizes Prof Samsa Khatoon v. State of U.P. and Another

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