Court No. - 1
Case :- APPLICATION U/S 482 No. - 24997 of 2018 Applicant :- Dharmendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pandey Blkrishna, learned counsel for the applicant, Sri Prashant Kumar, A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the order dated 24.03.2018 passed by Additional Chief Judicial Magistrate Court No.13, Agra in Complaint Case No.1886 of 2017 (Dharmendra Singh vs. Neelam Kumar Parashar) under section 138 N.I. Act, Police Station Sikandra, District, Agra with further prayer for a direction to the court below to conclude the trial in the aforesaid case.
It is contended by the learned counsel for the applicant that the trial court has passed the impugned order dated 24.3.2018 wherein it has been clearly stated that in pursuance of the order dated 21.2.2018 of this Court, no application for compromise had been moved till 24.3.2018. As per the order of this Court dated 21.2.2018 a compromise ought to have been moved by the opposite party no. 2 within one month which has already expired and yet the court below has not proceeded against the opposite party no. 2 in accordance with law, hence prayer is made that the impugned order dated 24.3.2018 be quashed.
This Court finds that in terms of this Court's order dated 21.2.2018, the opposite party no. 2 ought to have moved compromise before the A.C.J.M., Court no. 3, Agra within one month and since the said time had already expired, no such application is moved, the court below is at liberty to move against the opposite party no. 2 without waiting for any further time.
This application is accordingly disposed of.
This application is being disposed of without issuing notice to the opposite party no.2 because there is a clear violation on his part of the order dated 21.2.2018 passed by this Court. However, in case the opposite party no. 2 has any grievance, he may approach this Court.
Order Date :- 27.7.2018 AU