HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 240 of 2009 Petitioner :- Sujay Desai Respondent :- State Of U.P. Petitioner Counsel :- Hemant Kumar Misra Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of complaint case No. 1354 of 2008 under section 138/141 Negotiable Instruments Act, 1881 pending in the court of learned Special Addl. Chief Judicial Magistrate, C.B.I. (AP), Lucknow.
It is contended by learned counsel for the applicant that in the present case both the parties have entered into compromise and an affidavit has also been filed, therefore, the proceedings pending against the applicant may be quashed.
In reply of the above contention, it is submitted by learned A.G.A. that this plea may be taken by the applicant before the court concerned.
Considering the submissions, made by learned counsel for the applicant and learned A.G.A., it is directed that in case both the parties appear before the court concerned within 30 days from today through their counsel, their statements shall be recorded and after recording their statements the case may be decided on the basis of the compromise. Till then no coercive steps shall be taken against the applicant The interim order dated 16.1.2009 is hereby vacated.
According this application is finally disposed of.
Order Date :- 17.10.2011 RPD