Ved Prakash v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 38810 of 2023 Applicant :- Ved Prakash Opposite Party :- State Of U.P. And Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The present applicant has invoked the inherent power of this Court under Section 482 CrPC beseeching the quashing of entire proceedings of Complaint Case No.1580 of 2021 (Deepak Giri Vs. Ved Prakash), under Section 138 of Negotiable Instrument Act, Police Station Ganga Nagar, District Meerut, pending in the court of Judicial Magistrate, Court No.2, Meerut.

¶3Opposite party No.2 has moved a complaint dated 01.02.2021 owing to dishonor of two cheques bearing No.222825 dated 28.12.2020 amounting Rs. 8,00,000/- and cheque No. 222827 dated 28.12.2020 amounting Rs. 8,00,000/-, however, both cheques were bounced for want of sufficient fund.

¶4After due deliberation at length, without addressing on the merits of the case, learned counsel for the present applicant submits that there is an ample chance of amicable settlement between the parties, who are friends and, therefore, direction may be issued to decide the matter on the basis of compromise.

¶5In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application without entering into the merits of the case as mentioned in the instant application with liberty to the present applicant that he may move an appropriate application for compounding of an offence before the court concerned and get the matter decided in the light of the ratio decided by the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010

(5) SCC 663.

¶6Accordingly, the instant application is disposed of. Order Date :- 24.11.2023 Mini High Court of Judicature at Allahabad