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2025 DAILYLAW 5016 (UTT)

MAHENDRA KUMAR AGARWAL v. STATE OF UTTARAKHAND

C482/577/2023 · 2025-01-03

Pankaj Purohit

body2025

Judgment text

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2025:UHC:36 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 577 of 2023 Mahendra Kumar Agarwal --Applicant Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Rajendra Dobhal, learned senior counsel assisted by Mr. Bhupendra Bohra, learned counsel for the applicant. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Ms. Sweta Dobhal, learned Brief Holder for the State of Uttarakhand/respondent No.1. Mr. Raj Kumar Singh, learned counsel for respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) Heard learned counsel for the parties. 2. This C482 application was referred to Daily Lok Adalat situated at ADR building, High Court Campus, Nainital. The matter was taken up by the Daily Lok Adalat on 07.08.2024, where the parties have filed a compromise stating that the payment has to be paid after 45 days on 25.09.2024. Thereafter, on 25.09.2024, the matter was adjourned on the request of the applicant and the matter was listed for 23.10.2024. On 23.10.2024, a compromise was filed and according the compromise, the dispute between the parties was settled by way of a compromise and the applicant was ready to pay an amount of Rs.10,00,000/- to the respondent No.2 and submitted a demand draft No.987541 amounting to Rs.6,70,000/- before the Lok Adalat and remaining amount of Rs.3,30,000/- has been submitted vide cheque No.001662 dated 08.12.2024 as security and the matter was settled in terms of the 2025:UHC:36 2 aforesaid compromise. But, subsequently, the cheque No.001662 dated 08.12.2024 was not encashed due to certain reasons, therefore, a statement was made by the learned senior counsel for the applicant before this Court on 31.12.2024 that amount would be paid by handing over a demand draft to the respondent No.2 and this case was directed to be fixed for today i.e.03.01.2025. 3. Today, the matter is taken up. Both the parties are present before this Court, who are duly identified by their respective counsels. 4. Learned senior counsel for the applicant handed over a demand draft No.987607 dated 31.12.2024 amounting to Rs.3,30,000/- to respondent No.2-Mainpal. 5. Since, the compromise has arrived at between the parties, therefore, nothing remains to be decided in the present matter. Accordingly, the entire proceedings of Complaint Case No.3628 of 2021 Mainpal Vs. Mahendra Kumar Agarwal, filed under Section 138 of the N.I. Act, pending before the Court of learned Third Additional Chief Judicial Magistrate, Dehradun, is hereby quashed. 6. Accordingly, the present C482 application is disposed of in terms of the compromise. 7. Pending application(s), if any, also stands disposed of. (Pankaj Purohit, J.) 03.01.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c7 8b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE06449848 3A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.01.03 16:48:36 +05'30'