Allahabad High Court
Shree Anurag Srivastava And ... vs State Of U.P. And Another on 4 August, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156736
Court No. - 88
Case :- APPLICATION U/S 482 No. - 24788 of 2023
Applicant :- Shree Anurag Srivastava And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Saurabh Kumar Pandey,Prashant Gaur
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P. /opposite party No.1.
2-This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the order dated 03.04.2023 passed by Presiding Officer, Additional Court, Jhansi by which discharge application of the applicants has been rejected, order dated 17.09.2013 passed by Judicial Magistrate, Court No. 12, Jhansi by which the applicants have been summoned under Section 138 of Negotiable Instruments Act as well as entire proceedings of Complaint Case No. 572 of 2013 (New Case No. 6024 of 2014) (Shrikant Gandhi Vs. Shree Anurag Srivastava and another), under Section 138 of Negotiable Instruments Act, police station Navabad, district Jhansi pending in the Court of Presiding Officer, Additional Court, Jhansi.
3-Filtering out unnecessary details, the basic facts in brief, which are necessary for disposal of this case as argued by learned counsel for the applicants are that cheque of Rs. 3 lacs was issued by the applicants in favour of opposite party no. 2 but on presenting the same before the bank, it was dishonoured, therefore, opposite party no. 2 filed a complaint under Section 138 of Negotiable Instruments Act against them, in which the applicants have been granted bail. Thereafter, the applicants have moved discharge application before the concerned Court below which has been rejected vide order dated 03.04.2023, which is the subject matter of challenge in the present application.
4-At the outset, learned counsel for the applicants has urged before the Court that the facts and circumstances of the case and the nature of offence involved are such in which the litigating parties should be given a chance to settle this matter amicably and for this purpose some protective direction may be given by this Court so that adequate steps may be taken in furtherance of the same object. Learned counsel for the applicants has also placed reliance upon judgments of the Apex Court in the cases of Damodar S. Prabhu Vs. Sayed Babalal H., (2010) 5 SCC 663 and M/s Meters and Instruments Private Limited and another Vs. Kanchan Mehta, (2018) 1 SCC 560 and further submitted that the Apex Court in the aforesaid cases has taken cognizance of the heavy pendency of the cases in the courts which may result ultimately in the chocking of criminal justice system. It has been urged that with the laudable object of providing the rival parties, who have hitherto locked their horns in litigation, an opportunity to arrive at a mutually agreeable settlement and put to an end to the escalating litigations, the compounding of the offence has not only been encouraged but in order to given incentive to do so at the earliest stage, certain guidelines have also been issued by the Hon'ble Supreme Court.
5-Learned AGA for the State submits that in case, the applicants are ready to settle the dispute with complainant, he has no objection in this regard.
6-As requested by the learned counsel for the applicants, it is directed that the accused may appear before the Court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved, the concerned Court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of three months from today to make an endeavour in this direction. Thereafter, the Court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) as also the latest amendment made in the N.I. Act within a period of four months from today. If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the Court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits.
7-In the aforesaid period of four months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the applicants.
8-It is made clear that no application for extension of time shall be entertained if this order is not availed by the applicants within the stipulated period of time.
9-With the aforesaid observations/directions, this application under section 482 Cr.P.C. is disposed of.
Order Date :- 4.8.2023
Shubham
