Court No. - 45 Case :- APPLICATION U/S 482 No. - 33941 of 2009 Petitioner :- Mahendra Nath Pandey Respondent :- State Of U.P.And Another Petitioner Counsel :- Manoj Chaudhary Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard learned counsel for the applicant and A.G.A.
The applicant has invoked the inherent jurisdiction of this Court under Section
482 Cr.P.C. of the Code of Criminal Procedure (in short, ‘the Cr.P.C.’) to
quash the proceedings of Case No. 2966 of 2008, (U.P. Boaring Vs.
Mahendra Nath & others) under Sections 138 N.I. Act, P. S. Cantt, District
Varanasi.
The applicants’ counsel has made a request that the matter be referred to the
High Court Mediation Centre for reconciliation, as there are chances to settle
the dispute.
The matter is, therefore, with the consent of the applicant referred to the
Mediation Centre, Allahabad High Court. The applicant will deposit Rs.
5,000/-, within three weeks before the Mediation Centre by bank draft in the
name of U.P. Boaring payable at Varanasi and Rs. 1,000/- will be deposited in
the Mediation Centre within the aforesaid period. The said bank draft shall be
handed over to he on her appearing before the Mediation Centre towards her
expenses for attending mediation sessions.
The Registry will send a notice through the CJM concerned within a week
fixing 05.04.2010 for appearance of the opposite party no.2 before the
Mediation Centre at Allahabad High Court and it shall be mentioned in the
notice that the bank draft of Rs. 5,000/- deposited by the applicant shall be
handed over to opposite party no.2 when he appears before the Centre. On
that date, and on any future dates as directed by the Centre, the parties
aforesaid will appear before the Centre.
The Registry will send information of this order to the Mediation Centre
within a week.
The centre shall submit a report to this Court within one month from the date
of appearance of the parties before it.
In case of any default by the applicant in making the appearances before the
Mediation Centre on the dates fixed or making the aforesaid payment as
directed above, the stay granted by this order shall stand automatically
vacated forthwith.
Let this case be listed on 4.5.2010 along with the report of the Mediation
Centre.
Till the next date of listing, further proceedings in the aforesaid case shall
remain stayed.
In case there is any default by the applicant as above, the Mediation Centre
should immediately communicate this fact to the office and office will list the
case within a week before the Bench concerned, which may pass order for
vacation of the order.
On the next date, the case will not be treated as tied up to this Bench and shall
be listed before the appropriate Bench.
Copy of this order will not be issued unless steps are taken.
Order Date :- 13.1.2010
AHN