Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 7997 of 2018 Petitioner :- Binu Respondent :- State Of U.P. And Another Counsel for Petitioner :- Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Vinod Tripathi, holding brief of M.K Tripathi, learned counsel for the petitioner and Sri Prabhas Pandey, learned AGA for the Stage.
This petition has been filed with a prayer to set aside the order dated 12.09.2018 passed by Sessions Judge, Hapur in Criminal Revision No. 92 of 2017 and order dated 13.06.2017 passed by Judicial Magistrate-Ist Hapur in Complaint Case No. 2072 of 2015 under section 138 N.I. Act, PS. Hapur Kotwali, District Hapur.
Learned counsel for the petitioner submits that the petitioner is ready to settle the dispute with respondent no.2 in the light of the judgment of the Apex Court in the case of DAMODAR S. PRABHU Vs. SAYED BABALAL H. reported in 2010(5) SCC 663.
Considering the facts and circumstances of the case, it is hereby directed that in case the petitioner appears before the Court below within a period of four weeks from today and move an appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below keeping in view the law laid down by the Apex Court in the case of DAMODAR S. PRABHU (supra) within a further period of four weeks after hearing respondent no.2.
For a period of eight weeks from today, no coercive action shall be taken against the petitioner.
With the aforesaid observations, the petition is disposed of.
Order Date :- 27.10.2018 Madhurima