Yogendra Singh vs Gyan Singh
2023 Latest Caselaw 20929 MP

Madhya Pradesh High Court

Yogendra Singh vs Gyan Singh on 11 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT INDORE
                          BEFORE
          HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                   ON THE 11 th OF DECEMBER, 2023
                   WRIT PETITION No. 30288 of 2023

BETWEEN:-
YOGENDRA SINGH S/O SHRI ANTAR SINGH, AGED
ABOUT 29 YEARS, OCCUPATION: BUSINESS MR-08,
KAMLAKUNJ COLONY, DEWAS (MADHYA PRADESH)

                                                               .....PETITIONER
(SHRI BHARAT YADAV, LEARNED COUNSEL FOR THE PETITIONER.)

AND
1.    GYAN SINGH S/O ARJUN SINGH, AGED ABOUT 29
      Y E A R S , OCCUPATION:  BUSINESS   H.I.G.
      MUKHARJI NAGAR, DEWAS (MADHYA PRADESH)

2.    STATE OF M.P. THROUGH SUPERINTEND OF
      POLICE DEWAS (MADHYA PRADESH)

                                                             .....RESPONDENTS
(NONE FOR THE RESPONDENTS.)

      This petition coming on for hearing on admission this day, th e court
passed the following:
                                   ORDER

01. The present petition is filed under Article 226 & 227 of the Constitution of India challenging the orders dated 9.1.2023 and 2.2.2023 by which arrest warrant has been issued against the petitioner and the next date is fixed by the Executing court is 13.12.2023.

02. Facts of the case are that the petitioner was an accused in a complaint case filed by respondent No.1 under the Negotiable Instruments Act. An application for compromise along with affidavit was jointly filed by the

petitioner and respondent No.1 on 15.9.2022. According to the petitioner, the final judgment was delivered on 29.9.2022. The petitioner on 15.9.2022 paid Rs.25,000/- to respondent No.1 which is mentioned in Para 4 of the judgment dated 29.9.2022 and further issued post-dated cheque bearing No.41 of HDFC Bank of Rs.25,000/-. The aforesaid cheque was cleared and respondent No.1 received the payment of Rs.25,000/-. The petitioner issued another cheque of Rs.25,000/- dated 18.11.2022 which had been dishonoured due to "insufficient funds". Hence, respondent No.1 filed an application for execution of the final judgment.

03. Upon perusal of the record, it appears that despite number of dates,

the petitioner did not appear before the Executing Court and did not deposit the remaining amount as per the compromise.

04. Counsel for the petitioner submits that before the next date the petitioner shall pay the entire balance amount i.e. Rs.45,666/- (Forty Five Thousand Six Hundred Sixty Six) to respondent No.1 by way of Demand Draft and the same shall be deposited before the Executing Court on the next date 13.12.2023.

05. If the Bank Draft of the balance amount as per the compromise is submitted before the Executing Court on 13.12.2023, the warrant of arrest issued by the Executing Court shall not be executed. It is made clear that if on the said date, the Bank Draft of the balance amount as per compromise is not produced before the Executing Court, the Executing Court shall be free to execute the warrant of arrest.

06. With the aforesaid, writ petition is disposed of.

(VIJAY KUMAR SHUKLA) JUDGE Alok

Date: 2023.12.11 18:16:34 +05'30'