Ashok Kumar vs State of Up and Another — Cheque Dishonour | Allahabad HC (2025)

Ashok Kumar vs State of Up and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief: on deposit of Rs. 60,000/- with the Mediation and Conciliation Centre, High Court Allahabad within two weeks and filing of the deposit receipt before the court below, the impugned order dated 08.02.2024 passed under Section 143A shall remain stayed; matter referred to mediation to be concluded preferably within two months; on default in deposit or appearance, the interim order ceases to operate and the court below may proceed; listed in the week commencing 24.02.2025 with the mediation report.

Issue for consideration

Whether the order dated 08.02.2024 passed by Judicial Magistrate-III, Court No. 33, Shahjahanpur on the application under Section 143A in Complaint Case No. 1560 of 2022 (Sharad Kumar Vs. Ashok Kumar) under Section 138 N.I. Act should be quashed in this Section 482 Cr.P.C. application.

Court's answer

Notice was ordered to be issued to opposite party no.2.

Ratio / Principle

Considering the nature of the case, the matter was referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant deposits Rs. 60,000/- within two weeks, out of which Rs. 55,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre and the balance Rs. 5,000/- shall be retained by the mediation center towards its expenses.

Key takeaways

After deposit of the said amount within the prescribed time, notices shall be issued to the parties fixing a 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.ratio¶11
If the applicant files the receipt of deposit of the aforesaid amount before the court below, the order dated 08.02.2024 passed under Section 143A in Complaint Case No. 1560 of 2022 (Sharad Kumar Vs. Ashok Kumar) under Section 138 of N.I. Act shall remain stayed.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Arun Kumar Singh Deshwal, J.), Application U/S 482 No. 30462 of 2024 (order dated 6.1.2025) - Ashok Kumar sought quashing of the order dated 08.02.2024 passed by Judicial Magistrate-III, Court No. 33, Shahjahanpur on an application under Section 143A in Complaint Case No. 1560 of 2022 (Sharad Kumar Vs. Ashok Kumar) under Section 138 N.I. Act, P.S.- Kotwali, District Shahjahanpur. Interim order: notice issued to opposite party no.2; matter referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to deposit of Rs. 60,000/- within two weeks (Rs. 55,000/- payable to opposite party no.2 on appearance; Rs. 5,000/- retained by the Centre as expenses); mediation to conclude preferably within two months; on filing of the deposit receipt before the court below, the Section 143A order to remain stayed; the complaint-case proceedings themselves not stayed; on default in deposit or appearance the interim order ceases to operate and the court below may proceed against the applicant; matter listed in the week commencing 24.02.2025 with the mediation report.

Court No. - 77

Case :- APPLICATION U/S 482 No. - 30462 of 2024

Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Shri Sunil Kumar Srivastava, learned counsel for the applicant, Mohd. Shoeb Khan, learned A.G.A. for State and perused the record.

The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 08.02.2024 passed by Judicial Magistrate-III, Court No. 33, Shahjahanpur on application 143A filed in Complaint Case No. 1560 of 2022 (Sharad Kumar Vs. Ashok Kumar), under Section 138 N.I. Act, Police StationKotwali, District- Shahjahanpur.

It is submitted by learned counsel for the applicant that he is ready to settle the dispute with the opposite party no.2 through mediation. Just to show his bonafide he is also ready to deposit reasonable amount which this Court may direct.

Issue notice to opposite party no.2.

Considering the nature of the case, 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.60,000/- within two weeks from today with the Mediation Centre out of which Rs.55,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained

by the mediation center towards its expenses.

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.

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

It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then the order dated 08.02.2024 passed under Section 143A in Complaint Case No. 1560 of 2022 (Sharad Kumar Vs. Ashok Kumar), under Section 138 of N.I. Act, P.S.- Kotwali, District- Shahjahanpur, pending in the court of Judicial Magistrate-III, Court No. 33, DistrictShahjahanpur, shall remain stayed.

It is made clear that this Court has not stayed the proceedings of the complaint case and in case there occurs default by the applicants 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.

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.

Order Date :- 6.1.2025 Sharad/-

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