Arunakar Pandey v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11101 of 2023 Applicant :- Arunakar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Rama Niwas Pathak Counsel for Opposite Party :- G.A.,Kaushal Tiwari Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Shri Kaushal Tiwari, Advocate filed on behalf of respondent no. 2 is taken on record. Supplementary afÏdavit filed by learned counsel for the applicant is also taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

¶3This application has been filed for quashing the summoning order dated 20.07.2023 as well as non-bailable warrant dated 01.09.2023 passed in Complaint Case No. 390 of 2020 under Section138 of N.I. Act, P.S. Kotwali Nagar, District Faizabad.

¶4Learned counsel for the applicant submits that the issue has already been resolved in between the parties and the total amount of Rs. 3 lac is being returned to respondent no. 2 by way of demand draft.

¶5The 1st Demand Draft No. 006450 amounting to Rs.2,50,000/- and 2nd Demand Draft No. 006451 amounting to Rs.50,000/- issued by Central Bank of India dated 08.11.2023 have been produced by the learned counsel for the applicant before this Court.

¶6Both the drafts, in original, have been handed over to the respondent no. 2, who is present before this Court. The respondent no. 2 also undertakes that within a period of one month from today, he will withdraw all the six cases as mentioned in para 2 of the compromise annexed as Annexure SA 1 to supplementary afÏdavit. The respondent no. 2 categorically states that he has no objection, in case, the impugned proceedings are quashed.

¶7Considering the submission of the learned counsel for the applicant, consent given by respondent no. 2 as well as going through the entire record including the supplementary afÏdavit, it is evident that the impugned proceeding is related to dishonour of the cheques. It is also evident that the issue has already been resolved in between the parties.

¶8In view of above facts and circumstances, the impugned proceedings are hereby quashed. The application stands allowed.

¶9OfÏce is directed to communicate this order to the court below, forthwith. Order Date :- 9.11.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench