Court No. - 55
Case :- APPLICATION U/S 482 No. - 45807 of 2018 Applicant :- Praveen Kumar Jain Opposite Party :- State Of Up And Another Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application under section 482 Cr.PC. has been filed with a prayer to quash the impugned summoning order dated 8.2.2017 in Complaint Case No. 1936 of 2016, under section 138 of N.I. Act, Police Station Lohamandi, district- Agra pending in the court of ACJM, Court No. 11, district Agra.
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 v. 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 an 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 six weeks from today, no coercive action shall be taken against the applicant.
With the aforesaid observations, application is disposed of. Order Date :- 18.12.2018 Arvind