Partly allowed

Anupam Pandey v. State of Up and Another

Allahabad HC3 Sept 2024A482/26961/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of orders in a Section 138 NI Act case, the court referred the matter to the Mediation and Conciliation Centre. The applicant was directed to deposit Rs. 1,05,000 as security for mediation. Proceedings were adjourned to a future date pending the mediation report. (60 words) ->

What did the court decide?

Application under Section 482 Cr.P.C. referred to Mediation & Conciliation Centre; applicant directed to deposit Rs. 1,05,000/- within two weeks; no coercive action during mediation; failure to deposi

Anupam Pandey vs State of Up and Another — Cheque Dishonour | Allahabad HC (2024)

¶1

Court No. - 79

¶2

Case :- APPLICATION U/S 482 No. - 26961 of 2024

¶3

Applicant :- Anupam Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maya Pati Mishra,Tanisha Jahangir Monir

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Anish Kumar Gupta,J.

¶6

Heard Sri Himanshu Kumar, Advocate holding brief of Ms.Tanisha Jahangir Monir, learned counsel for the applicant and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State.

¶7

The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned orders dated 28.1.2024, 4.4.2024 and 2.8.2024 passed in Misc.Case No.9499 of 2024 (earlier Case No.735 of 2013) titled Sandeep vs. Anupamm under Section 138 N.I. Act, 1881, Police Station-Robertsganj, DistrictSonbhadra, pending before the court of Special Judicial Magistrate-II, District-Sonbhadra.

¶8

Learned counsel for the applicant at the outset without disputing the liability and the issuance of cheque submits that the applicant wants to settle the dispute, if an opportunity is granted to settle the dispute through mediation. He further submits that the applicant is ready and willing to deposit the cheque amount of Rs. 1,00,000/to show his bona fide. 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.

¶9

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.

¶10

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

¶11

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 1,05,000/- by way of Demand Draft / pay order in the name of

¶12

Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no.2. Out of Rs. 1,05,000/-, Rs.25,000/- shall be paid to the opposite party no.2 (complainant) on his first appearance and Rs. 10,000/- on his second 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.65,000/- 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 applicant.

¶13

The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

¶14

Thereafter, the case shall be listed on 09.12.2024 in additional cause list alongwith the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

¶15

From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicant in pursuance of impugned orders dated 28.1.2024, 4.4.2024 and 2.8.2024 passed in Misc.Case No.9499 of 2024 (earlier Case No.735 of 2013) titled Sandeep vs. Anupamm under Section 138 N.I. Act, 1881, Police Station-Robertsganj, District-Sonbhadra, pending before the court of Special Judicial Magistrate-II, District-Sonbhadra.

¶16

However, it is provided that if the amount, as directed above, is not deposited by the applicant within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court.

¶17

Order Date :- 3.9.2024 LN Tripathi

¶18

(Anish Kumar Gupta,J.)

¶19

Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Anupam Pandey v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Anupam Pandey v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ram Prasad and 2 Others vs Central Bureau of Nvestigation

Mohammad Shahid vs State of U.P.

Subhan Ali vs Union of India and 2 Others

Minor X vs State of U.P. and 3 Others

Natthu Lal and 3 Others vs State of Up and Another

Jay Nath Adiwasi vs State of U.P.