Citation : 2023 Latest Caselaw 10774 ALL
Judgement Date : 11 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 30385 of 2021 Applicant :- Rajeev Chutani Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rahul Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A.,Vatsala Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Rahul Srivastava, learned counsel for the applicant and Sri R.B. Pandey, learned counsel for the opposite party no.2.
This present 482 Cr.P.C. application has been filed praying for quashing of Criminal Complaint No. 8693 of 2017 (Bank of India vs. Rajeev Chutani) pending before the Special Chief Judicial Magistrate, Meerut under Section 138 of the Negotiable Instrument Act, 1986 Police Station- Kotwali, District- Meerut as well as summoning order dated 16.02.2018 and Non Bailable Warrants dated 10.01.2019 issued by the Special Chief Judicial Magistrate, Meerut.
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, 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 and move an appropriate application within one week from today along with demand draft of disputed amount of Rs.94/- lacs to compromise the matter, the same shall be considered and disposed of expeditiously within a period of three months by the Court below keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra).
With the aforesaid observations, the application is disposed of.
Order Date :- 11.4.2023
Krishna*
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