Inam Ahmad v. Harshbhan Singh), under Section

1. Heard Shri Anmol Kumar Dubey (A/A 0919/2012), holding brief of Shri Ishwar Chandra Tyagi, counsel for the applicant and Shri S.P. Singh, learned State Law Officer for the State as well as Shri Parvez Ahmad, counsel for opposite party no. 2.

2. The present 528 BNSS application has been filed to quash the summoning order dated 11.11.2016 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bijnor and N.B.W. order dated 08.01.2025 passed by learned Additional Civil Judge (Junior Division)/J.M., Court No.2, Bijnor as well as entire proceedings of Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor.

3. This Court on 28.02.2025 proceeded to pass the following orders: "1. Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant as well as Ms. Ruchi Mishra, learned State Law Officer and perused the record.

2. The present application has been filed to quash the summoning order dated 11.11.2016 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bijnor and N.B.W. order dated 08.01.2025 passed by learned Additional Civil Judge (Junior Division)/J.M., Court No.2, Bijnor as well as entire proceedings of Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor.

3. It is submitted by learned counsel for the applicant that he is ready to settle the dispute with the opposite party no.2 through mediation. Just to show his bonafide he is also ready to deposit reasonable amount which this Court may direct.

4. Issue notice to opposite party no.2.

5. Considering the nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.2,05,000/- within two weeks from today with the Mediation Centre out of which Rs.2,00,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

6. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

7. List in the week commencing 07.04.2025 with the report of Mediation Centre.

8. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor, till the next date of listing.

9. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

10. It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant.

11. While depositing the aforesaid amount, learned counsel for the applicant will file a copy of memo of parties as mentioned in the present case."

4. There is an office report dated 24.07.2025 that the Medication & Conciliation Centre Report is kept on record. A copy of the Allahabad High Court Mediation and Conciliation Settlement Agreement dated 29.06.2025 reads as under: "7. The following settlement has been arrived at between the Parties hereto: a) That both the parties have resolved their dispute on the condition that the applicant shall pay an amount of Rs.4,10,000/- (Rs. Four Lakh Ten Thousand only) to the O.P. No. 2. The aforesaid amount of Rs.4,10,000/- includes the amount of Rs.2,00,000/- (Rupees Two Lakh only) deposited with the Mediation Centre by the applicant in compliance of Hon'ble Court order dated 28.02.2025 in Application U/S 528 BNSS No. 4225 of 2025. The aforesaid amount of Rs.2,00,000/- has already been received by the O.P. No.2 from the Mediation Centre after moving appropriate application in this regard and he acknowledges the receipt of the same. b) That now the applicant shall pay Rs.2,10,000/-(Rs. Two Lakh Ten Thousand only) to the O.P. No.2. c) That today i.e. 29.06.2025 the applicant has handed over two demand drafts bearing nos. 502131 & 502132 dated 27.06.2025 for Rs.1,50,000/- & Rs.35,000/- respectively (Total Rupees One Lakh Eighty Five Thousand only) drawn on ICICI Bank, to the O.P. No. 2-Inam Ahmad and he has acknowledged the receipts of the same. d) That today i.e. 29.06.2025, the applicant has transferred the remaining amount of Rs.15,000/- & Rs.10,000/- (Total Rupees Twenty Five Thousand 687083212696 & only) through Paytm (UPI Reference Nos. 385864101270respectively) in the account of O.P. No. 2 and he has acknowledged the receipts of the same. As such their remains no dispute, claims or liabilities of the disputant parties against each other. e) That, in view of the above, the O.P. No. 2 shall have no objection, if the Hon'ble Court pleases to allow the Application U/S 528 BNSS No. 4225 of 2025. f) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also."

5. Learned counsel for the opposite party no. 2 on instructions submits that now nothing remains to be further adjudicated.

6. Learned AGA has no objection to the same.

7. Accordingly, the Court is of the opinion that the mediation has been successful and now nothing remains to be further proceeded with.

8. Accordingly, the present application stands allowed, the summoning order dated 11.11.2016 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bijnor and N.B.W. order dated 08.01.2025 passed by learned Additional Civil Judge (Junior Division)/J.M., Court No.2, Bijnor as well as entire proceedings of Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor is quashed as against the applicant. Order Date :- 24.7.2025 A. Prajapati ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

1. Heard Shri Anmol Kumar Dubey (A/A 0919/2012), holding brief of Shri Ishwar Chandra Tyagi, counsel for the applicant and Shri S.P. Singh, learned State Law Officer for the State as well as Shri Parvez Ahmad, counsel for opposite party no. 2.

2. The present 528 BNSS application has been filed to quash the summoning order dated 11.11.2016 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bijnor and N.B.W. order dated 08.01.2025 passed by learned Additional Civil Judge (Junior Division)/J.M., Court No.2, Bijnor as well as entire proceedings of Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor.

3. This Court on 28.02.2025 proceeded to pass the following orders: "1. Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant as well as Ms. Ruchi Mishra, learned State Law Officer and perused the record.

2. The present application has been filed to quash the summoning order dated 11.11.2016 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bijnor and N.B.W. order dated 08.01.2025 passed by learned Additional Civil Judge (Junior Division)/J.M., Court No.2, Bijnor as well as entire proceedings of Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor.

3. It is submitted by learned counsel for the applicant that he is ready to settle the dispute with the opposite party no.2 through mediation. Just to show his bonafide he is also ready to deposit reasonable amount which this Court may direct.

4. Issue notice to opposite party no.2.

5. Considering the nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.2,05,000/- within two weeks from today with the Mediation Centre out of which Rs.2,00,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

6. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

7. List in the week commencing 07.04.2025 with the report of Mediation Centre.

8. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor, till the next date of listing.

9. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

10. It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant.

11. While depositing the aforesaid amount, learned counsel for the applicant will file a copy of memo of parties as mentioned in the present case."

4. There is an office report dated 24.07.2025 that the Medication & Conciliation Centre Report is kept on record. A copy of the Allahabad High Court Mediation and Conciliation Settlement Agreement dated 29.06.2025 reads as under: "7. The following settlement has been arrived at between the Parties hereto: a) That both the parties have resolved their dispute on the condition that the applicant shall pay an amount of Rs.4,10,000/- (Rs. Four Lakh Ten Thousand only) to the O.P. No. 2. The aforesaid amount of Rs.4,10,000/- includes the amount of Rs.2,00,000/- (Rupees Two Lakh only) deposited with the Mediation Centre by the applicant in compliance of Hon'ble Court order dated 28.02.2025 in Application U/S 528 BNSS No. 4225 of 2025. The aforesaid amount of Rs.2,00,000/- has already been received by the O.P. No.2 from the Mediation Centre after moving appropriate application in this regard and he acknowledges the receipt of the same. b) That now the applicant shall pay Rs.2,10,000/-(Rs. Two Lakh Ten Thousand only) to the O.P. No.2. c) That today i.e. 29.06.2025 the applicant has handed over two demand drafts bearing nos. 502131 & 502132 dated 27.06.2025 for Rs.1,50,000/- & Rs.35,000/- respectively (Total Rupees One Lakh Eighty Five Thousand only) drawn on ICICI Bank, to the O.P. No. 2-Inam Ahmad and he has acknowledged the receipts of the same. d) That today i.e. 29.06.2025, the applicant has transferred the remaining amount of Rs.15,000/- & Rs.10,000/- (Total Rupees Twenty Five Thousand 687083212696 & only) through Paytm (UPI Reference Nos. 385864101270respectively) in the account of O.P. No. 2 and he has acknowledged the receipts of the same. As such their remains no dispute, claims or liabilities of the disputant parties against each other. e) That, in view of the above, the O.P. No. 2 shall have no objection, if the Hon'ble Court pleases to allow the Application U/S 528 BNSS No. 4225 of 2025. f) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also."

5. Learned counsel for the opposite party no. 2 on instructions submits that now nothing remains to be further adjudicated.

6. Learned AGA has no objection to the same.

7. Accordingly, the Court is of the opinion that the mediation has been successful and now nothing remains to be further proceeded with.

8. Accordingly, the present application stands allowed, the summoning order dated 11.11.2016 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Bijnor and N.B.W. order dated 08.01.2025 passed by learned Additional Civil Judge (Junior Division)/J.M., Court No.2, Bijnor as well as entire proceedings of Complaint Case No.568 of 2016 (Inam Ahmad Vs. Harshbhan Singh), under Section 138 N.I. Act, Police Station Nahtaur, District Bijnor is quashed as against the applicant. Order Date :- 24.7.2025 A. Prajapati ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad