Vijai Kumar Kulsresth v. State of U. P. and Another
2011-09-16
NAHEED ARA MOONIS
body2011
DigiLaw.ai
Hon’ble Naheed Ara Moonis, J. : Heard learned counsel for the applicant and the learned A.G.A.2. The instant application under section 482 Cr.P.C. has been filed by the applicant with a prayer for quashing of the entire proceedings as well as the summoning order dated 19.2.2011 in criminal complaint case no.754 of 2010, under Section 138 Negotiable Instruments Act, Police Station Sahganj, District Agra, pending in the court of Chief Judicial Magistrate, Agra. It has further been prayed that the proceedings of the aforesaid case may be stayed during the pendency of the instant petition.3. It is contended by the learned counsel for the applicant that the opposite party no.2, who is an advocate by profession has given a notice to the applicant on 10.6.2010 in respect of a dishonour of a cheque given by him on 16.9.2009/16.2.2010.4. It is further contended that the applicant is being prosecuted under Section 138 N.I. Act on the basis of complaint filed by opposite party no.2 on 7.7.2010 that the cheque issued by the applicant of fourty thousand rupees when presented before the bank was dishnoured on 5.6.2010 on account of insufficiency of fund.5. The learned counsel for the applicant has placed reliance in the case of Damodar S. Prabhu Vs. Sayed Babalal H., (2010) 5 Supreme Court Cases 663 and has submitted that Hon’ble Apex Court has laid down certain guidelines where the litigants may opt for compounding during early stage of litigation. There are chances of reconciliation between the parties, the applicant is ready to deposit the cost as directed by the Apex Court in the above mentioned case, therefore this case may be sent to Mediation Centre for the purpose of settlement between the parties, where both the parties will appear to settle their dispute.6. Considering the submission made by the learned counsel for the applicant and the aforesaid decision of the Apex Court, the applicant is directed to deposit 15% of the amount i.e. 6,000/- by way of cost within ten days from today in the account head of Registrar General, Mediation and Conciliation Centre, Allahabad High Court, Allahabad. In case, the aforesaid amount is deposited the notices shall be issued to the opposite party no.2 to appear before the Mediation Centre for the settlement of the dispute.7. After proceedings of the Mediation Centre, list this case on 30th November, 2011 before the appropriate Bench.
In case, the aforesaid amount is deposited the notices shall be issued to the opposite party no.2 to appear before the Mediation Centre for the settlement of the dispute.7. After proceedings of the Mediation Centre, list this case on 30th November, 2011 before the appropriate Bench. This case may not be treated to be part heard or tied up to this Bench.8. Till the next date of listing, no coercive steps shall be taken against the applicant in criminal complaint case no.754 of 2010, under Section 138 Negotiable Instruments Act, Police Station Sahganj, District Agra, pending in the court of Chief Judicial Magistrate, Agra.9. In case the receipt of the aforesaid deposited amount is not filed before the court concerned, interim order shall stand automatically vacated.___________________