Court No. - 64
Case :- APPLICATION U/S 482 No. - 21866 of 2019 Applicant :- Praveen Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Abhishek Kumar Jaiswal, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the Complaint Case No. 3708 of 2018 and summoning order dated 04.08.2018 passed by Special Judge, N.I. Act, Muzaffarnagar in Complaint Case No. 3708 of 2018, under Section 138 of Negotiable Instruments Act, Police Station Nae Mandi, District Muzaffarnagar.
Claim of the applicant is that in this case, the complaint under Section 138 N.I. Act was lodged in the month of June, 2018, whereas the summoning order was passed on 04.08.2018. Subsequently thereto, the applicant had already paid the entire amount due to opposite party no.2 as is reflected from the statement of account of opposite party no.2, which is on page no.27 and the cheque by which the payment was made is on page no.25 of this application.
Submission is that overall amount involved in this case was approximately Rs.27,50,000/- and Rs.19,00,000/- and odd amount had already been paid as per the averment made in the complaint itself. Thereafter, the remaining amount was also deposited vide the cheque on page no.25 and credited in the account held by opposite party no.2. Copy of the statement of account as above is page no.27.
Now, the contention is on behalf of the opposite party no.2 by Sri Abhishek Kumar Jaiswal that notwithstanding above averment, obviously the payment was made in the month of September, 2018 much later subsequent to filing of the complaint. Therefore, principles as laid down in the case of Damodar S. Prabhu vs. Syed Baba Lal, (2010) 5 SCC 663 is very much applicable in this case.
The applicant is also required to pay the accruing interest on the amount, which has not been paid and until the accruing interest is also aggregated and paid to the opposite party no.2, it cannot be said that the entire payment has been made to opposite party no.2.
However, the learned counsel for the applicant claims that he is ready to pay the interest amount as accruing till date of payment, if the same is due, although he denied any outstanding amount existing against him on that date.
Also heard the learned A.G.A.
Under facts and circumstances of the case, it is directed that no exercise can be done by this Court. Whatever, amount has been paid and whatever is the claim of the applicant can be well adjudicated upon by the court below. Therefore, it is directed that the applicant shall in proof and token of his payment towards the claim raised and shall bring on record the relevant papers/documents by which he made the payment and the court below is to ensure as to what was the responsibility and as to what was paid and in case the full has already made, then there is no need to proceed further with the case and if any outstanding amount remains due to be given by the applicant to opposite party no.2, then it is required that the applicant should be given reasonable time to make payment of that amount also.
It is directed that court shall will expedite the proceeding of the case provided both the parties cooperate with the case.
With the aforesaid observation, this application stands disposed of.
Till the process is exercised by the court below, no coercive action shall be taken against the applicant, provided he cooperates with the case.
Order Date :- 31.5.2019 S Rawat