Court No. - 64
Case :- APPLICATION U/S 482 No. - 21533 of 2019 Applicant :- Bhupesh Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
This application under Section 482 Cr.P.C. has been filed to set aside/quash the impugned order dated 30.06.2018 passed by the learned Additional Court No.3, Gautam Budh Nagar in Complaint Case No. 5297 of 2008 (now CNR No. UPGBO6006020)/16 (M/s Suntech Vision Ltd. vs. M/s A.V. Distributors & another), under Section 138 of the Negotiable Instrument Act, 1881, Police Station Sector 20, District Gautam Buddh Nagar as well as entire proceedings of Complaint Case No. 5297 of 2008 (now CNR No. UPGBO6006020)/16 (M/s Suntech Vision Ltd. vs. M/s A.V. Distributors & another), pending in the court of learned Additional Court No.3, Gautam Budh Nagar.
Submission is that the applicant is ready to settle the controversy with opposite party no.2 provided some reasonable time is given. The amount involved is Rs. 1,08,000/- to be exact.
Learned A.G.A. intervened and submitted that as per the relevant provisions of the N.I. Act, specification has been made for settling the dispute after calculating the total amount to be paid by the applicant to the other side/complainant. Apart from that, it has also been claimed that some discharge application has also been moved, which has been kept pending for over several years by the trial court.
Considered the entirety of the case, at this stage, no specific direction is being made regarding the merit of the case.
However, it is observed that the applicant can move appropriate application seeking compounding/compromise deed with opposite party no.2 and it is up to the court below to ensure proper negotiation and to calculate the overall amount to be paid by the applicant as per law and in case, any such act is positively done by the applicant, then consequential order winding up the proceeding shall be passed by the court below and the applicant shall not be put to unnecessary harassment by keeping the proceeding open.
Thus, in view of above, it is provided that in case the applicant moves the directed application before the court concerned within one month from today, the same shall be considered and disposed of by the court below.
For a period of one month from today, no coercive shall be taken provided the appropriate application is moved and in case appropriate application is moved till the process of mediation between the parties, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.5.2019 S Rawat