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2025 DAILYLAW 72700 (ALL)

RAJENDRA KESHORIYA v. State of U.P. AND 9 OTHERS

A482/21002/2024 · 2025-07-30

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128473 Court No. - 75 Case :- APPLICATION U/S 482 No. - 21002 of 2024 Applicant :- Rajendra Keshoriya Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Priyanka Mishra,Rajeev Goswami Counsel for Opposite Party :- G.A.,Ravi Anand Agarwal,Shreya Gupta Hon'ble Vikas Budhwar,J. 1. Heard learned counsel for the applicant and Shri S.K. Singh, learned AGA for the State and Shri Ravi Anand Agarwal, counsel for the opposite party no. 2. 2. The present 482 Cr.P.C. application has been filed to decide the interim application dated 13.10.2023 filed by the applicant- complainant under section 143A of Negotiable Instruments Act in Complaint Case No. 15920 of 2021 (Rajendra Keshoriya Vs. S.J.P. Global and others) police station Kotwali District Mathura pending in the court of Addl. Chief Judicial Magistrate I, Mathura. 3. This Court on 22.07.2024 proceeded to pass the following orders: "1. Heard Shri Rajeev Goswami, learned counsel for the applicant and Shri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been filed seeking a direction to the court below to decide the interim application dated 13.10.2023 filed by the applicant-complainant under section 143A of Negotiable Instruments Act in Complaint Case No. 15920 of 2021 (Rajendra Keshoriya Vs. S.J.P. Global and others) police station Kotwali District Mathura pending in the court of Addl. Chief Judicial Magistrate I, Mathura within a stipulated period. 3. Learned counsel for the applicant submits that the applicant herein has filed an application U/s 483 No. 709 of 2023 which was disposed of with the following order: "Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. This application under Section 483 Cr.P.C. has been filed seeking direction to the court below for early disposal of Complaint Case No. 15920 of 2021 (Rajendra Keshoriya Vs. S.J.P. Global Ltd. And Others), under Section 138 of Negotiable Instrument Act, Police Station - Kotwali Mathura, District - Mathura, pending in the Court of learned Special Judicial Magistrate / Additional Court (Negotiable Instruments Act), Mathura. Considering the fact that the case has remained pending since 2021. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment." 4. Despite the aforesaid direction, the matter could not be disposed of till date and the application filed under section 143A is also pending which has also not been decided. Therefore, learned counsel for the applicant seeks a direction for expeditious disposal of the case within a time bound period. 5. In view of the above and considering the fact that despite the aforesaid direction the matter has not been yet decided as expected by this Court, the Registrar (Compliance) of this Court is directed to call for an explanation of the concerned trial court and place the same on record by the next date. 6. Put up this matter on 12.8.2024, as fresh." 4. On 30.08.2024, the following order was passed.- "1. Heard Sri Rajeev Goswami, learned counsel for the applicant and Ms. Shreya Gupta, learned counsel for the opposite party no.2 and 3. 2. The instant application under Section 482 Cr.P.C. has been filed seeking a direction to the court below to decide the interim application dated 13.10.2023 filed by the applicant herein under Section 143A of Negotiable Instruments Act in Complaint Case No. 15920 of 2021 (Rajendra Keshoriya vs. S.J. P. Global and Ors) under secton 138 of Negotiable Instruments Act, police station Kotwali Disrict Mathura pending in the Court of Additional Chief Judicial Magistrate-1st Mathura, within a stipulated period. 3. Vide order dated 22.7.2024, an explanation was called from the trial court concerned as to why the proceedings could not be concluded, despite the earlier order passed by this Court in Application U/S 483 No. 709 of 2023. A report dated 09.08.2024 has been submitted by the Additional Chief Judicial Magistrate, Court no. 1, Mathura, according to which the matter has been received after transfer from the court Additional Chief Judicial Magistrate, Court no. 24 and thereafter, the matter is proceeding in accordance with law and the right to cross examination by the opposite party has already been rejected. At this stage, the learned counsel for the opposite party no. 2, who is the accused in the complaint case, submits that the opposite party no. 2 and 3 are ready and willing to settle the dispute amicably and to pay off the entire amount due to the applicant herein. To show their bona fide, the opposite party no. 3 is ready and willing to deposit the 50 % of the cheque amount within a period of one month from today. 4. In view thereof, the matter is referred to Mediation & Conciliation Centre of this Court. The opposite party no. 3 is directed to deposit a sum of Rs. 25,00,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. On such deposit made by the opposite party no.3, the parties shall appear before the Mediation Centre of this Court on 30.09.2024. 5. On 30.09.2024, the opposite party no. 3 shall hand over another Demand Draft of Rs. 30,00,000/- in favour of the applicant to the applicant herein. Thereafter, the parties shall mediate with regard to the remaining amount before the mediation centre. The aforesaid Demand Draft of Rs. 25,00,000/- deposited with the Mediation Centre shall also be given to the applicant on the success of mediation proceedings and the said amount shall be adjusted against the settlement between the parties. If no settlement arrived at between the parties, the aforesaid amount of Rs. 30,00,000/- so paid by the opposite party no. 3 to the applicant shall be adjusted against any fine/compensation, which may be imposed by the trial court against the opposite parties on conclusion of trial and the amount of Rs. 25,00,000/- deposited with the Mediation Centre shall be returned back to the opposite party no. 3. 6. Put up on 04.12.2024 in the additional cause list. 7. From the date of deposit of initial amount of Rs. 25,00,000/- with the Mediation Centre, no coercive steps shall be taken against the opposite parties no. 2 to 10 in pursuance of Complaint Case No. 15920 of 2021 (Rajendra Keshoriya vs. S.J. P. Global and Ors) under section 138 of Negotiable Instruments Act, police station Kotwali Disrict Mathura pending in the Court of Additional Chief Judicial Magistrate-1st Mathura, till the mediation proceedings are concluded." 5. There is an office report dated 31.07.2025 that the Medication & Conciliation Centre Report is kept on record. A copy of the Medication & Conciliation Centre Report dated 04.05.2025 shows that the mediation completed and agreement closed. Allahabad High Court Mediation and Conciliation Settlement Agreement dated 04.05.2025 reads as under: "8. The following settlement has been arrived at between the Parties hereto: a) That both the parties have settled their dispute on the condition that the Opposite Party Nos. 2 to 10 shall pay an amount of Rs.1,10,00,000/- (Rs. One Crore Ten Lakh only) with interest to the Applicant. The amount of Rs. 1,10,00,000/- (Rs. One Crore Ten Lakh only) includes the amount of Rs.25,00,000/- (Rupees Twenty Five Lakh only) deposited with the Mediation Centre by the O.P. No. 3 in compliance of Hon'ble Court order dated 30.08.2024 in present Application U/S 482 No. 21002 of 2024 and the same shall be released in favour of applicant upon moving appropriate application in this regard. The remaining amount of 85,00,000/- out of the principal amount i.e. Rs.1,10,00,000 has already been made received to the Applicant by the Opposite Party Nos. 2 to 10 and he acknowledges the receipt of the same. Further the interest accrued since day of dishonour of the cheque presented to the applicant by the private Opposite Party Nos. 2 to 10, comes to Rs.72,04,931/- (Rs. Seventy Two Lakh Four Thousand Nine Hundred Thirty One only). Out of aforesaid interest amount of Rs.36,00,000/- (Rs. Thirty Six Lakh only) has already been paid earlier by the Opposite Party Nos. 2 to 10 to the Applicant and he acknowledges the receipt of the same. b) That today i.e. 04.05.2025, the Opposite Party Nos. 2 to 10 have handed over a demand draft of remaining interest amount of Rs.36,04,931/- (Rs. Thirty Six Lakh Four Thousand Nine Hundred Thirty One only) bearing D.D. no. 021890 dated 03.05.2025 drawn on HDFC Bank in favour of Rajendra Keshoriya, to the Applicant and he has acknowledged the receipt of the same. As such there remains no dispute between the parties. c) That in view of the above, the Applicant shall have no objection, if the Hon'ble Court pleases to allow the Application U/S 482 No. 21002 of 2024. d) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also." 6. Learned counsel for the opposite party no. 2 on instructions submits that now nothing remains to be further adjudicated. 7. Learned AGA has no objection to the same. 8. Accordingly, the Court is of the opinion that the mediation has been successful and now nothing remains to be further proceeded with. 9. Accordingly, the present application stands allowed. 10. The proceedings in Complaint Case No. 15920 of 2021 (Rajendra Keshoriya Vs. S.J.P. Global and others) filed by the applicant-complainant, police station Kotwali, District Mathura, pending in the court of Addl. Chief Judicial Magistrate I, Mathura is quashed as against the opposite party nos. 2 to 10. Order Date :- 31.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad