Court No. - 64
Case :- APPLICATION U/S 482 No. - 17078 of 2019 Applicant :- Sanjay Singh Tomar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Naveen Kumar Yadav 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 a direction to the courts below to decide the complaint case no. 2372 of 2015 (Anil Tiwari Vs. Sanjay Singh Tomar) under section 138 N.I.Act P.S. Kalyanpur district Kanpur Nagar in the light of the judgement passed by the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Syed Babalal H.) reported in S.C.C. 613 Vol. 5 2010.
Proceedings under section 138 of the N.I. Act are underway. A compromise has been reached in this case between the parties. The total amount involved in this case is Rs. 1 lac out of which 6-7 lacs have been given and the arrears/ balance will be given after some reasonable time is given by this court.
Considering to the facts and circumstances of the case since a sincere desire has been expressed to pay the entire amount i.e. ( Rs. 1,0000/-) within a period of two months from today, it is directed that the applicant will pay the entire amount of Rs. 1,0000/- to O.P. No. 2 through the demand draft within a period of two months from today failing which the courts below shall proceed against him in accordance with law.
For a period of two months proceedings in complaint case no. 2372 of 2015 (Anil Tiwari Vs. Sanjay Singh Tomar) under section 138 N.I.Act P.S. Kalyanpur district Kanpur Nagar shall be kept in abeyance. After the completion of two months, 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 two weeks from today and the courts below shall passed appropriate order thereon.
Order Date :- 30.4.2019 N.A.