Disposed

Smt Pooja Sharma and Another v. State of U.P. and Another

Allahabad HC25 Sept 2024A482/21866/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash a summoning order for a cheque-dishonour complaint under Section 138 NI Act. Applicants sought mediation without disputing liability; the court referred the matter to its Mediation Centre, directed deposit of Rs.1,25,000/-, suspended coercive steps and listed the matter with the mediation report.

What the court decided

AI extract

Smt Pooja Sharma and Another vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2024)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No. 27)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 21866 of 2024 Applicant :- Smt Pooja Sharma And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Anand Kumar Pandey, learned counsel for the applicants and Sri Pankaj Srivastava, 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 dated 17.07.2019 passed by Chief Judicial Magistrate, Baghpat in Criminal Complaint No. 1207 of 2019 (Registration No. 226 of 2019), Sonu Chauhan vs. Smt. Pooja Sharma & another, under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act'), Police StationBaghpat, District-Baghpat with a further prayer to stay the proceedings of the aforesaid complaint case.

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Learned counsel for the applicants at the outset without disputing the liability and the issuance of cheque submits that the applicants wants to settle the dispute, if an opportunity is granted to settle the dispute through mediation. He further submits that the applicants are ready and willing to deposit the cheque amount of Rs. 1,20,000/- to show their bona fide. Learned counsel for the applicants further submits that there is every likelihood that the dispute could be settled amicably, if the matter is referred to the Mediation Centre of Allahabad High Court.

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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 applicants are directed to deposit the entire cheque amount (Rs. 1,20,000/-) plus Rs. 5,000/- i.e. Rs. 1,25,000/- by way of Demand Draft / pay order in the name of

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Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within three weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no. 2. Out of Rs. 1,25,000/-, Rs. 10,000/- shall be paid to the opposite party no.2 on his first appearance, Rs. 10,000/- shall been paid to the opposite party no. 2 on his second appearance and Rs. 10,000/- shall be paid to the opposite party no. 2 on his third appearance before the Mediation and Conciliation Centre, or on settlement of dispute, whichever is earlier. Rs. 5,000/- shall be retained by the Mediation Centre towards expenses. So far as the remaining amount of Rs. 90,000/- 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 applicants.

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Under the circumstances, both the parties shall appear before the Mediation Centre 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 10.01.2025 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 applicants in pursuance of Criminal Complaint No. 1207 of 2019 (Registration No. 226 of 2019), Sonu Chauhan vs. Smt. Pooja Sharma & another, under Section 138 of the Negotiable Instruments Act, 1881, Police Station-Baghpat, District-Baghpat

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In case 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 :- 25.9.2024 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

Smt Pooja Sharma and Another v. State of U.P. and Another

Case brief

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Smt Pooja Sharma and Another v. State of U.P. and Another

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