Court No. - 40
Case :- APPLICATION U/S 482 No. - 43339 of 2018 Applicant :- Hari Om Dixit And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicant by means of the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with the prayer that the proceedings of Complaint Case No.538 of 2016 (New No.1671 of 2016) (Ishwar Chand Jain vs. M/s Gayatri Hospitality and Realcon Ltd. and others) under Section 138 of Negotiable Instruments Act, Police Station Section 49, Noida, District Gautam Buddh Nagar, pending in the court of Presiding Officer, Additional Court No.1, Gautam Budh Nagar.
Learned counsel for the applicant submits that this matter can be settled through the process of Mediation/compounding in accordance with the directions issued by the Apex Court in the case of Damodar S.Prabhu vs. Sayed Babulal H. (2010) 5 SCC 663.
In view of above, it is directed that the applicant shall deposit 50% of the amount payable under the cheque by a Demand Draft drawn in favour of Mediation and Conciliation Centre of Allahabad High Court within a period of four weeks from today. The amount so deposited shall abide with the final decision in this case.
It is directed that Mediation Centre shall conclude the matter expeditiously preferably within a period of three months, after giving notice to both the parties. Thereafter, the case shall be listed before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No. 538 of 2016 (New No. 1671 of 2016) (Ishwar Chand Jain Vs. M/s Gayatri Hospitality and Realcon ALtd. and others), under Section 138 of N.I. Act, Police Station Sector 49, District Agra pending in the Court of Additional Court no.2nd, District Gautam Buddh Nagar.
In case, the aforesaid amount is not deposited by the applicant within aforesaid period, the interim protection given to the applicant by this Court stands vacated automatically.
Order Date :- 30.11.2018 AK Pandey