HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 16 Case :- APPLICATION U/S 482 No. - 37540 of 2012 Applicant :- Chandan Kumar And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Naushad Siddiqui,Manish Tandon Counsel for Opposite Party :- Govt. Advocate,Adarsh Kumar,B,N.Rai,Lal Mani Singh,M.R.Singh Hon'ble Het Singh Yadav,J.
On 26.5.2012 both parties were present before this Court and have filed their joint affidavit mentioning therein that they had amicably settled their dispute out of the court. Applicant no. 1 had agreed to pay Rs. 20 lakhs (Rupees Twenty Lakhs) to opposite part no. 2 as permanent alimony in two installments on the date mentioned in the joint affidavit.
In compliance of the order, the applicant handed over a cheque of Rs. 10 lakhs in a part payment to opposite party no. 2 on 30.7.2014. However, when this cheque was presented for payment it was dishonored by the Banker of applicant no. 1 with the endorsement "Insufficient Fund".
Learned counsel for opposite party no. 2 submitted that applicant no. 1 not only committed an offence punishable under section 138 of the Negotiable Instruments Act and section 420 IPC but has also committed contempt of this Court. Therefore, some proper legal action may be taken against applicant no. 1.
Learned counsel for applicant no. 1 submitted that he has no instructions from his client and seeks one week's time to obtain instructions from his client.
Applicant no. 1 in the above factual scenario is directed to appear in person before this Court on 28.10.2014 and to pay the amount of dishonored cheque to opposite party no. 2 through a Bank Draft on the same date. In case of non-compliance of this order, appropriate legal action shall be taken against the applicant on that date.
Order Date :- 9.10.2014 SKS