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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 10788 of 2023
Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J.
1. On 11.07.2025, this Court had passed the following order:
"It is submitted by learned counsel for the applicant that a sum of Rs. 57,000/- was given through cheque, which has dishonoured. Learned counsel for the applicant submits that the applicant is ready to pay the aforesaid amount subject to adjustment of earlier Rs. 10,000/- paid to the opposite party no. 2. Learned counsel for the applicant submits that the applicant is ready to repay the same in easy installments of Rs. 10,000/- per month. Learned counsel for the opposite party no. 2 submits that he would have no objection if the aforesaid amount is paid in easy installments. In view of the aforesaid stand taken by learned counsel for the parties, let the remaining amount of Rs. 47,000/- be paid in five monthly installments of Rs. 10,000/- each. The first installment shall be due on 15.07.2025. The amount would be paid either by demand draft or online transaction to the opposite party no. 2. The second, third and fourth installments would be payable on or before 15th of every month and the last installment of Rs. 7,000/- would be payable on or before 15.11.2025. List on 09.10.2025 in top ten cases. Interim order, if any, is extended till the next date of listing. "
2. Learned counsel for the opposite party no.2 submits that the applicant Versus Counsel for Applicant(s) : Shiv Sagar Singh Counsel for Opposite Party(s) : G.A., Manish Dwivedi Jugal Kishore Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
has consented only for payment of installments and not for the adjustment of Rs. 10,000/- which was made at the time of mediation proceeding. Since the opposite party no.2 had to come for mediation proceedings on number of occasions, therefore, the said amount has already been spent by the opposite party no.2 in attending the proceedings before the mediation centre. He admits that he has received Rs. 40,000/- against the cheque amount of Rs. 57,000/- and Rs. 7,000/- is to be paid by the applicant by 15.11.2025 in terms of the last order. Learned counsel for the opposite party no.2 submits that the said amount of Rs. 10,000/- is still to be paid by the applicant to opposite party no.2. 3.
Learned counsel for the applicants states that the applicant is ready and willing to pay an amount of Rs. 7,000/- as directed by the earlier order as well as Rs. 10,000/-in addition by the same date i.e. 15.11.2025. 4. In view of the aforesaid, the instant application is disposed of with a direction that the applicant herein shall pay an amount of Rs.17,000/- on or before 15.11.2025 to the opposite party no.2 through RTGS or through bank draft. 5. Subject to the aforesaid payment, proceedings of Criminal Case No. 125/IX/2022 (Sri Sunder Enterprises Naraini vs. Bihari Jee Agro Food), under Section 138 of the Negotiable Instrument Act, P.S. Naraini, District Banda, are hereby quashed. October 9, 2025 Ashish Pd. A482 No. 10788 of 2023 2 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad