Court No. - 55
Case :- APPLICATION U/S 482 No. - 39184 of 2018 Applicant :- Vijay Kumar Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No.460 of 2016 (Govind Vs. Vijay Tiwari), under Section 138 of N.I.Act, P.S.Kotwali Orai, District Jalaun as well as order dated 26.7.2018 whereby NBW has been issued against the applicant, pending in the court of A.C.J.M. Orai 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 judgment of the Apex Court in the case of DAMODAR S. PRABHU Vs. 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, non-bailable warrant issued against the applicant shall be kept in abeyance.
With the aforesaid observations, the application is disposed of.
Order Date :- 30.10.2018 IA