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2025 DAILYLAW 124308 (ALL)

AMIT PANDEY v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/1521/2025 · 2025-04-22

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22793 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1521 of 2025 Applicant :- Amit Pandey Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Samrat Gupta,Nikhil Dixit Counsel for Opposite Party :- G.A.,Akhand Pratap Singh Hon'ble Alok Mathur,J. 1. Heard Sri Nikhil Dixit, learned counsel for the petitioner as well as Sri Akhand Pratap Singh, learned counsel on behalf of opposite party no.2. 2. It has been submitted by counsel for the petitioner that the proceedings under Section 138 of Negotiable Instruments Act were initiated by the respondent no.2 alleging that a cheque issued in favour of complainant was dishonored. It has been submitted that a verbal agreement between the parties and the amount of cheque has already been paid to respondent no.2. The petitioner has filed the present petition under Section 482 of the Cr.P.C. (now 528 of the BNSS) against the summoning order dated 29.01.2016 as well as non-bailable warrant issued on 21.07.2023 passed by the Additional Court No.9 (N.I. Act), Lucknow arising out of Complaint Case No.2859 of 2015. 3. It has been submitted by counsel for the petitioner that he is ready and willing to pay the entire outstanding amount due to opposite party no.2 in installments. 4. Counsel for the opposite party no.2, on the other hand, has submitted that the opposite party no.2 would not have any objection, in case, the outstanding amount is paid in installments. The petitioner has also filed a supplementary affidavit today stating in paragraph-6 that he is willing to pay the amount as ordered by this Court in installments and seeks further time which may extends upto four months. 5. Counsel for the both the parties jointly inform this Court that only the interest component of 6% remain outstanding which according to them is Rs.2,40,000/-. 6. Accordingly, the present writ petition is disposed of in the following terms : That the petitioner shall pay remaining outstanding amount of Rs.2,40,000/- in four monthly equal installment, starting in week commencing from 15.05. 2025 onwards, the 2nd installment will be paid on 15.06.2025, the 3rd on 15.07.2025 and the last installment shall be paid on 15.08.2025. 7. In case, all the installments are paid in time, then the parties shall file a joint application before the trial court, who shall pass appropriate orders and close the proceedings in light of fact that the entire amount has been paid by the petitioner to opposite party no.2. In case of default, the trial court shall commence proceedings in accordance with law. 8. With the aforesaid directions, the petition stands disposed of. [Alok Mathur,J.] Order Date :- 22.4.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench