Court No. - 64
Case :- APPLICATION U/S 482 No. - 17283 of 2019 Applicant :- Sahadev Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for quashing the order dated 2.3.2019 as well as entire proceedings of complaint case no . 64 of 2018( Virendra Singh Vs. Sahadev) Proceeding under section 138 N.I. Act P.S. Dhomanganj district Allahabad pending in the court of Special Judge, N.I. Act, Allahabad.
At the outset learned counsel for the applicant brought before this court various aspect of the proceedings of this case. However, during the course of argument, he resiled and confined himself to the payment of the amount involved in the proceedings to the tune of Rs. 25000/-. He again submits that if some reasonable time is given to him he will pay back the entire amount.
Considering to the facts and circumstances of the case since a sincere desire has been expressed to pay the entire amount i.e. ( Rs. 25,000/--) within a period of one month from today, it is directed that the applicant will pay the entire amount of Rs. 25,000/- to O.P. No. 2 either through the demand draft of any amount to O.P. No. 2 within a period of one month from today failing which the courts below shall proceed against him in accordance with law.
For a period of one month operation of the order dated 2.3.2019 shall be kept in abeyance. After the completion of one month, if the amount is paid, an order shall be passed closing the proceedings unless otherwise directed by this court.
The applicant shall make an application before the courts below to this effect within three weeks from today and the courts below shall passed appropriate order thereon.
Order Date :- 30.4.2019 N.A.