Quashed

Vinod Kumar Gupta v. State of Up and Another

Allahabad HC5 Sept 2024A482/426/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings for cheque dishonour under Section 138 NI Act. Court disposed of the application as parties had amicably settled the dispute via mediation with full payment made, quashing the entire proceeding.

What did the court decide?

The entire proceeding of Complaint Case No. 1130 of 2023 under Section 138 NI Act was quashed in terms of the mediated settlement.

Vinod Kumar Gupta vs State of Up and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:148860

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.3112)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 426 of 2024

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Applicant :- Vinod Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nabi Ullah Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Ms. Meera, Advocate holding brief of Sri Nabi Ullah, learned counsel for the applicant and Sri Pankaj Srivastava, learned AGA 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 12.10.2023 as well as the entire proceeding of Complaint Case No. 1130 of 2023 (Vikas Mishra vs. Vinod Kumar Gupta), under Section 138 of the Negotiable Instruments Act (in short the 'N.I.Act'), P.S. Kotwali, district Farrukhabad, pending before the court of Chief Judicial Magistrate, Farrukhabad.

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Learned counsel for the applicant submits that the instant complaint case under Section 138 of the N.I. Act was filed by the opposite party no.2 for dishonour of cheque amounting of Rs. 4,00,000/- and the applicant was summoned. After filing of the instant application vide order dated 14.03.2024, the matter was referred to the mediation centre subject to deposit of Rs. 1,05,000/- before the mediation centre.

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Learned counsel for the applicant submits that the parties have amicably settled their dispute before the medication centre and settlement dated 12.06.2024 has arrived at between the parties, which reads as under:

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"a) That both the parties have settled their dispute amicably on the condition that Vinod Kumar Gupta (Applicant) shall pay an amount of Rs.2,25,000/-(Rs. Two Lakh Twenty Five Thousand Only) to Vikas Mishra (O. P. No.2). The aforesaid amount shall be paid through demand drafts.

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b) That on 29.05.2024, the applicant has produced a demand draft bearing no. 025518 dated 28.05.2024 drawn on Indian Bank for Rs.1,25,000/- (Rs. One Lakh Twenty Five Thousand Only) issued in the name of Vikas Mishra, the same has been handed over to the O. P. No.2-Vikas Mishra and the O. P. No.2 has acknowledge the receipt of the same.

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c) That as per paragraph 6 (c) of the Interim Settlement dated 15.05.2024, the

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Applicant has handed over another demand draft bearing no. 025524 dated 10.06.2024 drawn on Indian Bank for Rs.1,00,000/- (Rs. One Lakh Only), to Vikas Mishra (O. P. No.2) today i.e. 12.06.2024 and the O. P. No.2 has acknowledged the receipt of the same, as such, there remains nothing due between the parties regarding present dispute.

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d) That it has been agreed between the parties that the cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

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e) That it has also been agreed between the parties that they will not file any case/ complaint against each other regarding the present dispute in future also.

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f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement; otherwise the aggrieved party will be free to take legal recourse."

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Learned counsel for the applicant seeks quashing of the entire proceeding in terms of the settlement arrived at between the parties.

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The learned AGA does not oppose the prayer so made in view of the settlement arrived at between the parties through mediation centre.

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Therefore, since it was a dispute with regard to dishonour of cheque, which has been amicably settled between the parties through the mediated settlement on 12.06.2024 and the entire amount of the settlement has already been received by the opposite party no.2 as is referred in the aforesaid mediated settlement.

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In view thereof, the instant application is disposed of in terms of the aforesaid mediated settlement dated 12.06.2024 and the entire proceeding of Complaint Case No. 1130 of 2023 (Vikas Mishra vs. Vinod Kumar Gupta), under Section 138 of the Negotiable Instruments Act (in short the 'N.I.Act'), P.S. Kotwali, district Farrukhabad, pending before the court of Chief Judicial Magistrate, Farrukhabad, is hereby quashed.

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Order Date :- 11.9.2024 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

Vinod Kumar Gupta v. State of Up and Another

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Vinod Kumar Gupta v. State of Up and Another

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