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2010 DIGILAW 2212 (ALL)

Ram Niwas and Another v. State of U. P. and Others

2010-07-27

RAJESH DAYAL KHARE

body2010
Hon'ble Rajesh Dayal Khare, J. : Heard learned counsel for the applicants and the learned AGA for the State-respondents. 2. The present 482 petition has been filed for quashing of the complaint case no.993 of 2007, under Section 138 of Negotiable Instruments Act, pending before the Additional Chief Judicial Magistrate, Gautam Budh Nagar. 3. It is contended by the learned counsel for the applicants that the parties have already entered into a mutual settlement agreement, as is evident from para-1 of the complaint, copy of which has been filed as Annexure-1 to the affidavit accompanying the present application and it is thus prayed that the matter can be reconciled between the parties and the same may be referred to the mediation centre of this Court. It is directed that the applicant shall deposit a sum of Rs.8,000/- 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. 4. 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. 5. Till the next date of listing, further proceedings against the applicants in Complaint Case No.993 of 2007 (Shiv Ram Sharma Vs. Ram Niwas and others), under Section 138 of Negotiable Instruments Act, pending before the Additional Chief Judicial Magistrate, Gautam Budh Nagarh, shall be kept in abeyance, provided the applicant deposits the amount as stated above. 6. 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. _____________