Court No. - 72
Case :- APPLICATION U/S 482 No. - 34677 of 2017 Applicant :- Smt. Mithlesh Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bhawesh Pratap Singh Counsel for Opposite Party :- G.A.,Rakesh Kumar Gupta
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party and learned AGA for the state.
2. The present application has been filed against the order dated 10.10.2017 by which the learned court below has recalled the non bailable warrant against the applicant upon payment of Rs.3,00,000/-.
3. The principle proceeding had been instituted by Yashpal Singh under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the Act) against the applicant with respect to cheque for value of Rs.15,00,000/-. On the same being dishonoured and after due notice, the complaint alleging commission of offence under Section 138 of the Act had been instituted by the said Yashpal Singh. The applicant appeared before the court below and obtained bail. However subsequently, he did not appear on certain dates resulting in issuance of non bailable warrant against him.
4. Upon his application to recall the non bailable warrant, the learned court below has passed a conditional order requiring the applicant to deposit Rs.3,00,000/-.
5. Being aggrieved by the condition imposed by the learned court below regarding deposit of Rs.3,00,000/-, the present application has been filed. Initially, the matter had been referred to the Mediation Centre, subject to the applicant depositing a sum of Rs.2,25,000/-. While that condition was complied, however, no mediation could take place as neither of the parties appeared before the Mediation Centre. The mediation was failed and the matter has come back to this Court. Learned counsel for the applicant submits that the condition imposed by the Court is excessive and onerous, inasmuch as, the complaint is yet to be adjudicated.
6. In absence of any objection being raised as to the merits and there being no defect shown in the complaint, it is observed that the order passed by the learned court below is largely just and proper, keeping in mind the fact that the proceedings under the Act had remained pending for almost two years.
7. However, keeping in mind the concern of the applicant in the interest of justice, it is provided that the order of the learned court below requiring the applicant to deposit Rs.3,00,000/- be modified to the extent, subject to the applicant paying a sum of Rs.2,25,000/-, non bailable warrant shall stand recalled. With regard to the payment of Rs.2,25,000/-, it is further provided that the amount lying with the Mediation Centre may be remitted to the learned court below which amount may be released in favour of the opposite party no.3 (Smt Sansar Devi), subject to her furnishing security in the shape of other than cash or bank guarantee which may be dealt with in the final order. It is also expected that the above proceeding may be concluded, as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order. In that regard, both parties undertake not to take any undue or long adjournment.
8. With the above observations, application stand disposed of.
Order Date :- 26.4.2019 S.Chaurasia