Allahabad High Court
Mesurs Chitra Corporation vs State Of U.P. And Anotehr on 10 August, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:162734
Court No. - 89
Case :- APPLICATION U/S 482 No. - 29369 of 2023
Applicant :- Mesurs Chitra Corporation
Opposite Party :- State Of U.P. And Anotehr
Counsel for Applicant :- Mohit Kumar,Kulveer Singh,Sunil Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; learned A.G.A for the State as also perused the record.
2. This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 23.08.2022 as well as entire criminal proceedings in Complaint Case No.233 of 2019, under Section 138 N.I. Act, P.S. Nai Mandi, District Muzaffar Nagar, pending before the Special Judge, N.I. Act, Muzaffar Nagar.
3. Counsel for the applicant submits that parties are ready to settle their dispute if the matter is referred to mediation centre. He has placed reliance upon the judgment of Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663 and M/s Meters and Instruments Pvt. Ltd and another Vs. Kanchan Mehta, 2018 (1) SCC 560 and2018(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.
4. As requested by the learned counsel for the applicant, 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.
5. 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 applicant.
6. It is made clear that no application for extension of time shall be entertained if this order is not availed by the applicant within the stipulated period of time.
7. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 10.8.2023
Meenu Singh
