Single judge disposed of a Section 482 Cr.P.C. application to quash cheques proceedings. The court directed a mediation session and interim stay of proceedings pending deposit of Rs. 75,000.
Applicant directed to deposit Rs. 75,000 and appear before Mediation Centre; proceedings stayed till next date.
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Court No. - 12
Case :- APPLICATION U/S 482 No. - 5388 of 2024 Applicant :- Asharam Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another
Counsel for Applicant :- Ashutosh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel appearing for the applicant, learned AGA for the State of U.P. and perused the record.
The present application U/s 482 Cr.P.C. has been filed for the following main reliefs:-
"(i) to quash the entire proceeding of complaint case No. 14305/2022, under section 138 NI Act, in Police Station Gudama, Lucknow pending before learned Additional Judge Court No 7, Lucknow in the ends of Justice.
(ii) to quash the impugned summoning order dated 14/03/2022 and N.B.W order dated 30.04.2024 along with order dated 10.04.2024 passed by learned Additional Judge Court No 7, Lucknow arose against complaint case No. 14305/2022, under section 138 NI Act, Police Station Gudama, Lucknow contained as Annexure No. 1 & 2 to this petition."
It is stated by learned Counsel for the applicant that on account of some financial crunch, the applicant could not pay the amount which was taken as advance amount to sell the property to the opposite party no.2 and now he is ready to pay the amount after adjusting the amount, which has already been paid to opposite party no.2 i.e. an amount to the tune of Rs. 1,50,000/- and this issue would be decided amicably by way of mediation.
Considering the submissions advanced by the learned counsel appearing for the applicant including that dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration.
It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 10.07.2024. The applicant shall deposit an amount of Rs. 75,000/- before the Mediation and Conciliation Centre of this Court within three weeks from today, which shall be released in favour of the opposite party No. 2.
Issue notice to the opposite party No. 2/Vidyotma Singh, returnable at an early date. Steps in this regard be taken within three days.
List/put up this case before this Court on 24.07.2024 as fresh alongwith mediation report in this regard.
Till the next date of listing, the proceedings against the applicant shall be kept in abeyance.
In case, the amount aforesaid is not deposited by the applicant within the specified time, the interim protection granted by this Court shall not be available to them.
Order Date :- 12.6.2024
Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. to quash proceedings under Section 138 NI Act is maintainable on the ground of potential settlement via mediation.
2 provisions across 2 enactments
Asharam Rawat
State of U.P.
Saurabh Lavania
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
