Disposed

Deepak Sharma v. State of Up and Another

Allahabad HC12 Jul 2024A482/21084/2024

Case brief

AI extract

What is this about?

Single judge disposed of SC order seeking quash of summoning orders in cheque bounce case. Court directed applicant to deposit 50% cheque amount within 15 days to enable trial court refer dispute to mediation center before imposing coercive steps.

What did the court decide?

Quashing application disposed of; interim protection granted subject to deposit of 50% cheque amount within 15 days for mediation referral.

Deepak Sharma vs State of Up and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132981

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl.No.35)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 21084 of 2024

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Applicant :- Deepak Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pranshu Dwivedi,Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Ram Prakash Dwivedi, learned counsel for the applicant and Mohd. Sohaib Khan, 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 orders dated 19.04.2017 and 01.05.2015 in Complaint Case No. 1050 of 2023 (Ganesh Steel vs. Deepak Sharma) under Section 138 of Negotiable Instruments Act, 1881, Police Station-Sihani Gate, District-Ghaziabad as well as entire proceedings of the aforesaid case.

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Learned counsel for the applicant has raised various issues with regard to maintainability of the complaint case against the applicant herein as the cheque was issued on behalf of the Company by the applicant but the Company has not been made party to the instant application. However, learned counsel for the applicant submits that if an opportunity is granted, the applicant is ready and willing to settle the dispute with the opposite party no.2 and to show his bona fide he is ready and willing to deposit 50% of the cheque amount.

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In view thereof, the instant application is disposed of with a direction that subject to deposit of 50% of the cheque amount before the trial court concerned within 15 days from today, the trial court shall refer the matter to the mediation centre attached to the concerned District Court and after the conclusion of the mediation proceedings, the trial court shall proceed in the matter in accordance with law.

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It is further directed that from the date of deposit of the aforesaid amount till the conclusion of mediation proceedings, no coercive steps shall be taken against the applicant in Complaint Case No. 1050 of 2023 (Ganesh Steel vs. Deepak Sharma) under Section 138 of Negotiable Instruments Act, 1881, Police Station-Sihani Gate, District-Ghaziabad.

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However, in case the applicant fails to deposit the 50% of the cheque amount within the stipulated period, as directed above, the interim protection granted to the applicant in this order shall stand automatically vacated.

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Order Date :- 20.8.2024 Kirti

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad

Deepak Sharma v. State of Up and Another

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Deepak Sharma v. State of Up and Another

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