Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 10770 of 2023 Court No. - 79 (Sl.No.30) HON'BLE ANISH KUMAR GUPTA, J.
1. Learned counsel for the applicants submits that in terms of the last
order dated 01.07.2025, the entire amount has already been paid by the applicant to the opposite party no.2.
2. However, learned counsel for the opposite party no.2 submits that the application is seeking adjustment of Rs 10,000/- paid before the mediation centre where the opposite party no.2 had also participated in the mediation proceedings and the said amount towards the expenses for attending the mediation proceedings.
3. In view thereof, learned counsel for the applicant submits that the amount paid for the mediation cannot be adjusted against the cheque amount. It is further submitted that the opposite party no.2 has also suffered litigation for four years due to dishonour of cheque. Therefore, he submits that the said amount of Rs. 10,000/- is still due towards the cheque amount, which is required to be paid by the applicant herein.
Learned counsel for the applicant submits that the applicant shall pay the said amount of Rs. 10,000/- within a period of three weeks from today to the opposite party no.2 by way of demand draft or through the RTGS in the account of the opposite party no.2.
4. Thus, the instant application is disposed of with a direction to the applicant that he shall pay/deposit the further amount of Rs. 10,000/- in the accounts of opposite party no.2 within three weeks from today. Versus Counsel for Applicant(s) : Shiv Sagar Singh Counsel for Opposite Party(s) : G.A., Manish Dwivedi Jugal Kishor Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. The proceedings of Criminal Case No. 126/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. 10770 of 2023 2 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad