Court No. - 55
Case :- APPLICATION U/S 482 No. - 39163 of 2018 Applicant :- Smt Manju Rani Opposite Party :- State Of Up And Another Counsel for Applicant :- Sunil Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar Mishra, learned counsel for the applicants, Sri Abhinav Prasad, learned AGA and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 942 of 2017 (Smt. Suman Vs. Smt. Manju Rani) u/s 138 of Negotiable Instrument Act, P.S. Pilkuha, District Hapur as well as summoning order dated 07.07.2017 passed by the Court of Judicial Magistrate (First), District Hapur.
Learned counsel for the applicant submits that the applicant is ready to settle the dispute with opposite party no. 2 in the light of the judgement 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 applicant appears before the Court below within a period of four weeks from today and moves and 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 opposite party no. 2.
For a period of eight weeks from today, no coercive action shall be taken against the applicant.
With the aforesaid observations, the application is disposed off.
Order Date :- 30.10.2018 Arti