Ravi Kumar Gupta v. Rakesh Jaiswal, under Section

2. Heard Sri Amit Kumar, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State/opposite party no.1, Sri Raj Kumar, learned counsel for the opposite party no. 2 and perused the record.

3. This Criminal Misc. Application U/S 482 Cr.P.C. has been filed by the applicant- Rakesh Jaiswal with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the summoning order dated 01.08.2022 passed by Additional Chief Judicial Magistrate-I, G.B. Nagar in Complaint No. 210 of 2022, Ravi Kumar Gupta vs. Rakesh Jaiswal, under Section 138 of N.I. Act, Police Station-113, Noida, District G.B. Nagar. It is further prayed that Hon'ble Court may kindly be pleased to stay the entire proceeding of Complaint No. 210 of 2022, Ravi Kumar Gupta vs. Rakesh Jaiswal, under Section 138 of N.I. Act, Police Station-113, Noida, District G.B. Nagar, pending in the court of Additional Chief Judicial Magistrate-I, G.B. Nagar, otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order in favour of the applicant which may deem fit and proper in the circumstances of the case." 2 A482 No. 35617 of 2023

4. The matter was referred to the Mediation and Conciliation Centre of this Court vide order dated 26.9.2023 passed by a co-ordinate Bench of this Court which was subsequently corrected vide order dated 09.10.2023. The parties had entered in a settlement before the Mediation and Conciliation Centre and a settlement agreement dated 18.09.2024 was drawn between them, in para-7(d) of the said settlement agreement there was understanding recorded between the parties that the applicant shall be paying a balance amount of Rs. 15 lakh as per the dates mentioned therein. It is the case of the applicant that out of the said amount Rs.2 lakh has been paid to the opposite party no. 2 and since the applicant was in jail in some other case the remaining amount could not be paid. Thus on

02.4.2025 the following order was passed by this Court:- "1. List revised.

2. Sri Amit Kumar, learned counsel for the applicant, Sri Raj Kumar, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for State are present.

3. Learned counsel for the applicant submits that the applicant has been arrested in February 2025 in connection with some other case and is in jail and as such the money to be paid by him in paragraph 7 (d) of the Settlement Agreement dated 18.09.2024 entered between the parties before the Mediation & Conciliation Centre of this Court could not be paid. He prays for an adjournment in the matter for a month.

4. Prayer is allowed.

5. Let the matter be listed on 20.05.2025.

6. Interim order, if any, shall remain in currency till the next date of listing."

5. Subsequently again on the request of learned counsel for the applicant the matter was adjourned vide order dated 28.7.2025 by this Court. The same reads as under:- "1. List revised. 3 A482 No. 35617 of 2023

2. Sri Amit Kumar, learned counsel for the applicant, Sri Raj Kumar, learned counsel for the opposite party no.2 and Sri V.D. Ojha, learned A.G.A for the State are present.

3. Learned counsel for the applicant again draws the attention of the Court towards para no.3 of the order dated 2.4.2025 and submits that for the reasons disclosed therein and the fact that the status of the applicant as of now still remains same, he prays that the matter be adjourned for two weeks.

4. As a last opportunity, the prayer as prayed is allowed.

5. Let the matter be listed on 12.8.2025.

6. Interim order, if any, shall remain in currency till the next date of listing."

6. Lastly on 19.9.2025 the same submission was made by learned counsel for the applicant and thus as a last opportunity this Court extended the interim order and adjourned the matter. The said order reads as under:- "1. List revised.

2. Heard Sri Amit Kumar, learned counsel for the applicants, Sri Raj Kumar, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for the State and perused the records.

3. Learned counsel for the opposite party no.2 submits that although the matter was settled before the Mediation and Conciliation Centre of this Court but even till date the applicant has not paid the money as agreed in the settlement agreement to him. He has drawn attention of the Court to order dated 05.02.2025, 27.02.2025, 02.04.2025 and 20.05.2025.

4. In view of the same, the matter now appears to be decided on merits since the terms & conditions of the settlement agreement are not being complied with.

5. Learned counsel for the applicant submits that he may be granted 10 days time to seek instructions from the applicant regarding compliance of 4 A482 No. 35617 of 2023 the terms & conditions of the settlement agreement.

6. As a last opportunity, time is granted to learned counsel for the applicant for the same.

7. Interim order, if any, as a last opportunity shall remain in currency till the next date of listing.

8. Let the matter be listed on 14.10.2025. "

7. Today learned counsel for the applicant submits that although the applicant has been released from jail but he is not in a position to pay the remaining amount as per settlement agreement of the opposite party no. 2 and prays for a year's time to comply with the conditions of the settlement agreement.

8. Learned counsel for the opposite party no.2 and learned A.G.A. opposed the arguments and the present petition. In so far as the settlement agreement is concerned, the same is in para-7(d) specifically draws the timeline for payment of amount as decided by the parties. The same reads as under:- "7(d). That the remaining amount i.e. Rs.15,00,000/- shall be paid by the applicant to the opposite party no. 2 in the following manner: 1) Rs. 2,00,000/- shall be paid on or before 30.10.2024. 2) Rs. 1,00,000/- shall be paid on or before 15.12.2024. 3) Rs. 4,00,000/- shall be paid on or before 15.03.2024. 4) Rs. 4,00,000/- shall be paid on or before 15.06.2024. 5) Rs. 4,00,000/- shall be paid on or before 15.09.2024. "

9. Further in para 7(e) there is an agreement between the parties that in case, the applicant does not pay the remaining amount as and when it falls due according to the aforesaid terms of the settlement, the said amount shall carry an interest calculated @current market rate of interest till it is actually paid. Thus there is a clear understanding between the parties even 5 A482 No. 35617 of 2023 in case of default of payment by the applicant. The position as of now is that the settlement agreement has not been complied with as per timeline mentioned therein and the applicant seeks a year's time to repay the remaining amount. The same has also been taken care of by the said settlement agreement.

10. In view of the same, the applicant may, if he chooses, proceed in the matter as per clause-7(e) of the said settlement agreement which reads as under:- "That in case, the applicant does not pay the remaining amount as and when it falls due according to the aforesaid terms of the settlement, the said amount shall carry an interest calculated @current market rate of interest till it is actually paid and in case any litigation starts between the parties for the payment of balance amount i.e. Rs.15,00,000/- (fifteen lakhs only) or any party thereof, the applicant shall also be liable to compensate the opposite party no. 2 providing the entire cost of litigation, if any, along with interest upon delayed payment at market rate till it is actually paid and opposite party have open to initiate legal proceeding against the applicant."

11. The present petition is thus dismissed.

12. Interim order, if any, stands vacated.

13. Needless to state that compromise in a matter under Section 138 Negotiable Instrument Act can be done between the parties at any stage of the proceedings. October 14, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Amit Kumar, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State/opposite party no.1, Sri Raj Kumar, learned counsel for the opposite party no. 2 and perused the record.

3. This Criminal Misc. Application U/S 482 Cr.P.C. has been filed by the applicant- Rakesh Jaiswal with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the summoning order dated 01.08.2022 passed by Additional Chief Judicial Magistrate-I, G.B. Nagar in Complaint No. 210 of 2022, Ravi Kumar Gupta vs. Rakesh Jaiswal, under Section 138 of N.I. Act, Police Station-113, Noida, District G.B. Nagar. It is further prayed that Hon'ble Court may kindly be pleased to stay the entire proceeding of Complaint No. 210 of 2022, Ravi Kumar Gupta vs. Rakesh Jaiswal, under Section 138 of N.I. Act, Police Station-113, Noida, District G.B. Nagar, pending in the court of Additional Chief Judicial Magistrate-I, G.B. Nagar, otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order in favour of the applicant which may deem fit and proper in the circumstances of the case." 2 A482 No. 35617 of 2023

4. The matter was referred to the Mediation and Conciliation Centre of this Court vide order dated 26.9.2023 passed by a co-ordinate Bench of this Court which was subsequently corrected vide order dated 09.10.2023. The parties had entered in a settlement before the Mediation and Conciliation Centre and a settlement agreement dated 18.09.2024 was drawn between them, in para-7(d) of the said settlement agreement there was understanding recorded between the parties that the applicant shall be paying a balance amount of Rs. 15 lakh as per the dates mentioned therein. It is the case of the applicant that out of the said amount Rs.2 lakh has been paid to the opposite party no. 2 and since the applicant was in jail in some other case the remaining amount could not be paid. Thus on

02.4.2025 the following order was passed by this Court:- "1. List revised.

2. Sri Amit Kumar, learned counsel for the applicant, Sri Raj Kumar, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for State are present.

3. Learned counsel for the applicant submits that the applicant has been arrested in February 2025 in connection with some other case and is in jail and as such the money to be paid by him in paragraph 7 (d) of the Settlement Agreement dated 18.09.2024 entered between the parties before the Mediation & Conciliation Centre of this Court could not be paid. He prays for an adjournment in the matter for a month.

4. Prayer is allowed.

5. Let the matter be listed on 20.05.2025.

6. Interim order, if any, shall remain in currency till the next date of listing."

5. Subsequently again on the request of learned counsel for the applicant the matter was adjourned vide order dated 28.7.2025 by this Court. The same reads as under:- "1. List revised. 3 A482 No. 35617 of 2023

2. Sri Amit Kumar, learned counsel for the applicant, Sri Raj Kumar, learned counsel for the opposite party no.2 and Sri V.D. Ojha, learned A.G.A for the State are present.

3. Learned counsel for the applicant again draws the attention of the Court towards para no.3 of the order dated 2.4.2025 and submits that for the reasons disclosed therein and the fact that the status of the applicant as of now still remains same, he prays that the matter be adjourned for two weeks.

4. As a last opportunity, the prayer as prayed is allowed.

5. Let the matter be listed on 12.8.2025.

6. Interim order, if any, shall remain in currency till the next date of listing."

6. Lastly on 19.9.2025 the same submission was made by learned counsel for the applicant and thus as a last opportunity this Court extended the interim order and adjourned the matter. The said order reads as under:- "1. List revised.

2. Heard Sri Amit Kumar, learned counsel for the applicants, Sri Raj Kumar, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for the State and perused the records.

3. Learned counsel for the opposite party no.2 submits that although the matter was settled before the Mediation and Conciliation Centre of this Court but even till date the applicant has not paid the money as agreed in the settlement agreement to him. He has drawn attention of the Court to order dated 05.02.2025, 27.02.2025, 02.04.2025 and 20.05.2025.

4. In view of the same, the matter now appears to be decided on merits since the terms & conditions of the settlement agreement are not being complied with.

5. Learned counsel for the applicant submits that he may be granted 10 days time to seek instructions from the applicant regarding compliance of 4 A482 No. 35617 of 2023 the terms & conditions of the settlement agreement.

6. As a last opportunity, time is granted to learned counsel for the applicant for the same.

7. Interim order, if any, as a last opportunity shall remain in currency till the next date of listing.

8. Let the matter be listed on 14.10.2025. "

7. Today learned counsel for the applicant submits that although the applicant has been released from jail but he is not in a position to pay the remaining amount as per settlement agreement of the opposite party no. 2 and prays for a year's time to comply with the conditions of the settlement agreement.

8. Learned counsel for the opposite party no.2 and learned A.G.A. opposed the arguments and the present petition. In so far as the settlement agreement is concerned, the same is in para-7(d) specifically draws the timeline for payment of amount as decided by the parties. The same reads as under:- "7(d). That the remaining amount i.e. Rs.15,00,000/- shall be paid by the applicant to the opposite party no. 2 in the following manner: 1) Rs. 2,00,000/- shall be paid on or before 30.10.2024. 2) Rs. 1,00,000/- shall be paid on or before 15.12.2024. 3) Rs. 4,00,000/- shall be paid on or before 15.03.2024. 4) Rs. 4,00,000/- shall be paid on or before 15.06.2024. 5) Rs. 4,00,000/- shall be paid on or before 15.09.2024. "

9. Further in para 7(e) there is an agreement between the parties that in case, the applicant does not pay the remaining amount as and when it falls due according to the aforesaid terms of the settlement, the said amount shall carry an interest calculated @current market rate of interest till it is actually paid. Thus there is a clear understanding between the parties even 5 A482 No. 35617 of 2023 in case of default of payment by the applicant. The position as of now is that the settlement agreement has not been complied with as per timeline mentioned therein and the applicant seeks a year's time to repay the remaining amount. The same has also been taken care of by the said settlement agreement.

10. In view of the same, the applicant may, if he chooses, proceed in the matter as per clause-7(e) of the said settlement agreement which reads as under:- "That in case, the applicant does not pay the remaining amount as and when it falls due according to the aforesaid terms of the settlement, the said amount shall carry an interest calculated @current market rate of interest till it is actually paid and in case any litigation starts between the parties for the payment of balance amount i.e. Rs.15,00,000/- (fifteen lakhs only) or any party thereof, the applicant shall also be liable to compensate the opposite party no. 2 providing the entire cost of litigation, if any, along with interest upon delayed payment at market rate till it is actually paid and opposite party have open to initiate legal proceeding against the applicant."

11. The present petition is thus dismissed.

12. Interim order, if any, stands vacated.

13. Needless to state that compromise in a matter under Section 138 Negotiable Instrument Act can be done between the parties at any stage of the proceedings. October 14, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad