Disposed

Manoj Kumar @ Manoj Agarwal v. State of U.P. and Another

Allahabad HC2 Jan 2025A482/27958/2024

Case brief

AI extract

What is this about?

Applicant seeks quashing of summoning order in cheque dishonour case. Court referred matter to Mediation and Conciliation Centre subject to deposit of Rs. 7,55,000 within one month. Interim relief from coercive action granted upon deposit.

What did the court decide?

Referred to Mediation Centre subject to deposit of Rs. 7,55,000/-. No coercive action till next date.

Manoj Kumar @ Manoj Agarwal vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 27958 of 2024

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Applicant :- Manoj Kumar @ Manoj Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Mithilesh Kumar Shukla, learned counsel for applicant and Sri P.P. Tiwari, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 29.05.2024 as well as entire proceedings of Complaint Case No.7624 of 2024 (Prakash Gupta vs. Lala Motors and others), under Section 138 of N.I. Act, P.S. Hariparwat, District Agra.

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Learned counsel for applicant has submitted that applicant wants to settle the dispute with opposite party no.2 and just to show his bona fide he is ready to deposit reasonable amount as may be directed by this Court.

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Issue notice to opposite party no.2.

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Considering the aforesaid submission, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.7,55,000/- within one month from today with the Mediation Centre out of which Rs.7,50,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance Rs.5,000/shall be retained by the Mediation Centre towards its expenses.

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After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

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List in the week commencing 24.02.2025 along with the report of Mediation Centre.

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It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in respect of aforesaid case, till the next date of listing.

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It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

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It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant.

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Order Date :- 2.1.2025 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Manoj Kumar @ Manoj Agarwal v. State of U.P. and Another

Case brief

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Manoj Kumar @ Manoj Agarwal v. State of U.P. and Another

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