Citation : 2011 Latest Caselaw 531 ALL
Judgement Date : 28 March, 2011
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- APPLICATION U/S 482 No. - 6703 of 2011 Petitioner :- M/S Global Professional Academy And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Indrasen Singh Tomar Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and the learned AGA for the State-respondent.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings of complaint case no.2486 of 2010, under Section 138 read with Section 142 of Negotiable Instruments Act, pending before the Additional Chief Judicial Magistrate, Court No.10, Agra.
It is contended by the learned counsel for the applicants that the applicant is ready to pay the amount due to the opposite party no.2 and some date may be fixed, on which date the applicant no.2 and opposite party no.2 shall remain present before the Court and on which date the applicant no.2 shall pay the entire amount due.
Issue notices to opposite party no.2 returnable within four weeks. Steps be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants, one week thereafter is granted for filing rejoinder affidavit.
List on 11.5.2011, on which date the applicant no.2 as well as opposite party no.2 shall remain present before this Court and as contended by the learned counsel for the applicants that the appliant no.2 shall pay the entire amount due on the next date fixed, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 28.3.2011
Hasnain
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