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2010 DIGILAW 2167 (ALL)

Janak Rana v. State of U. P. & Others

2010-07-22

RAJESH DAYAL KHARE

body2010
Hon'ble Rajesh Dayal Khare, J. : Heard learned counsel for the applicant and the learned AGA for the State-respondents. 2. The present 482 petition has been filed for quashing of the proceedings of case no.331 of 2009, under Section 138 of Negotiable Instruments Act, pending before the Additional Chief Judicial Magistrate,? Court No.2, Bulandshahar. 3. It is contended by the learned counsel for the applicant that the parties are ready for reconciliation and, therefore, the matter may be referred to the mediation centre of this Court where the parties may mediate and enter into a settlement agreement. 4. It is directed that the applicant shall deposit a sum of Rs.10,000/- within three weeks from today with the Mediation and Conciliation Centre of which 50% shall be paid to the opposite party No.2 for appearance before the Mediation Centre. The matter is remitted to the Mediation Centre with the direction that the same may be decided after giving notices to both the parties. 5. It is directed that the Mediation Centre shall decide the matter expeditiously preferably within a period of four months. Thereafter the case shall be listed before the appropriate Court on 25.10.2010. 6. Till the next date of listing, further proceedings against the applicant in Case No.331 of 2009, under Section 138 of Negotiable Instruments Act, pending before the Additional Chief Judicial Magistrate, Court No.2, Bulandshahar, shall be kept in abeyance, provided the applicant deposits the amount as stated above. 7. After depositing the aforesaid amount, notice shall be issued to the parties and in case, the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. ______________