Court No. - 49
Case :- APPLICATION U/S 482 No. - 25684 of 2021 Applicant :- Aman Sahu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Archana Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed challenging the order dated 14.09.2021 passed by learned Magistrate summoning the applicant under section 138 of the Negotiable Instruments Act.
One of the submission advanced by learned counsel for the applicant is that the applicant is ready to enter into compromise and pay the money as demanded by the complainant. Consequently, the law laid down by the Apex Court in case of Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663 should be followed.
A perusal of summoning order reveals that apart from summoning the applicant the trial court has also given an option to the applicant to deposit the sum being demanded from him i.e. Rs. 70,000/- and inform the Court in that behalf.
Counsel for the applicant submitted that applicant is ready to deposit the amount before the trial court and bailable warrant issued against him be kept in abeyance.
Having regard to the said submission, the instant petition is disposed of by providing that in case the applicant deposits a sum of Rs. 70,000/- by means of demand draft drawn in favour of the complainant before the trial court on or before the next date, the trial court shall proceed in the matter in the light of principles laid down in Damodar S. Prabhu (Supra) and in such an event, bailable warrant issued against the applicant shall also remain in abeyance. In case of default in making deposit as stipulated above, the instant order will lapse automatically.
Order Date :- 21.12.2021 Vikram (Manoj Kumar Gupta,J.)