Neutral Citation No. - 2025:AHC:38089 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5097 of 2025 Applicant :- Subodh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajesh Kumar Singh, learned counsel for applicant, Sri Jyoti Singh, learned A.G.A. for the State and Sri Sudhir Kumar Chandaul learned counsel for the opposite party no.2. 2. This Court on 27.2.2025 proceed to pass the following order:- "1. Heard Sri Rajesh Kumar Singh, learned counsel for applicant and Sri Pankaj Saxena, learned A.G.A. for the State. 2. The present 528 BNSS Application has been filed to quash the impugned summoning order dated 19.02.2018 as well as entire proceeding of Case No.4307 of 2017 (Harsh Bhaskar vs. Subodh Kumar), under Section 138 of N.I. Act, P.S. Hariparvat, District Agra. 3. Contention of learned counsel for applicant is that applicant wants to settle the dispute with opposite party no.2, therefore, the matter may be referred to Mediation and Conciliation Centre, High Court, Allahabad. It is further submitted that just to show his bona fide learned counsel for applicant is ready to deposit a reasonable amount as may be directed by this Court. 4. Issue notice to opposite party no.2. 5. Considering the aforesaid request, 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.7,10,000/- within fifteen days from today with the Mediation Centre, out of which Rs.7,00,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance Rs.10,000/- shall be retained by the Mediation Centre 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. Connect along with Application U/S 528 BNSS No. 5067 of 2025 and put up this case on 18.03.2025, as fresh, among top ten cases, along 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 Case No.4307 of 2017 (Harsh Bhaskar vs. Subodh Kumar), under Section 138 of N.I. Act, P.S. Hariparvat, District Agra, till the next date of listing. 9. It is made clear that in case there occurs default by the applicant 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." 3. Learned counsel for the applicant Sri Rajesh Kumar Singh as per the instructions received by him submits that the application be dismissed as withdrawn. 4. Accordingly, the application is dismissed as withdrawn. Order Date :- 18.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad