HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29592 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. 1. Heard Mr. Ramakant Tiwari, learned counsel for the applicant and learned A.G.A. representing the State. 2. Prayer of the applicant in the instant application is quoted herein below: "It is, therefore, Most Respectfully prayed That, this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding of Complaint Case No. 1789/2023, Sunil Kumar vs. Arun Kumar, u/S-138, Negotiable Instruments Act, P.S. Sarai Mamrez, District Prayagraj, pending before the A.C.J.M., Court No.6, Prayagraj, including impugned summoning order dated 21.10.2024 passed in above case, relating to dishonour of cheque no.61 dated 05.02.2023 pending before the A.C.J.M., Court No.6, Prayagraj, so that abuse of process of the Court be prevented to meet the ends of justice. It is also prayed to stay the further proceeding of the above Complaint Case No. 1789/ 2023, Sunil Kumar vs. Arun Kumar, u/S- 138, Negotiable Instruments Act, P.S. Sarai Mamrez, District Prayagraj, pending before the A.C.J.M., Court No.6, Prayagraj, until the disposal of the above case before the Hon'ble Court. And/or pass such and other order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice." 3. Learned counsel for the applicant submits that the applicant-Arun Kumar resides in Mumbai. He further submits that applicant-Arun Kumar and opposite party No. 2-Sunil Kumar were connected with each other Versus Counsel for Applicant(s) : Ramakant Tiwari, Umesh Chandra Tiwari Counsel for Opposite Party(s) : G.A. Arun Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) through venture capital (V.C. Transaction) along with few other persons and the applicant had given the cheques as security for future funding to opposite party No. 2. It is also submitted that, on various occasions, the applicant had paid certain amounts to opposite party No. 2 in his account details of which he has annexed along with this application, and the amount which had been paid by the applicant to opposite party No. 2 goes almost to the tune of Rs. 6,83,870/-. It is also submitted that no money was actually due on the day and even after receiving the huge amount from the applicant (Rs. 6,83,870/- ), opposite party No. 2 has misused the cheques given as security. No demand from the applicant was made by opposite party N. 2 even after returning of the cheques twice by the bank. Although the learned counsel for the applicant also prays that if the matter be referred to the mediation centre of the district court concerned, it may be settled between the parties. He further prays that since the applicant resides in Mumbai, it may be permitted that his counsel may participate in the mediation proceedings before the concerned mediation centre. 4. Learned A.G.A. did not oppose the averments made by learned counsel for the applicant for mediation in the matter before the district court concerned. 5. Accordingly, the matter is referred to the Mediation Centre, District Court, Prayagraj. It is directed that learned counsel for the applicant shall participate on behalf of the applicant in mediation before the concerned mediation centre, as the applicant resides in Mumbai. Mediation Centre, District Court, Prayagraj is also directed to facilitate the mediation proceedings between the parties concerned after giving notice to opposite party No. 2 fixing a date to appear before the Mediation Centre, District Court, Prayagraj and also fixing appropriate amount payable to opposite party No. 2 on his first appearance before mediation centre as well as for expenses towards mediation centre of District Court, Prayagraj. 6. The Mediation Centre concerned shall conclude the mediation and conciliation proceeding preferably within a period of three months from the date of production of the certified copy of this order and will submit its report to the concerned trial court. 7. The applicant is also directed to submit the certified copy of this order NA528 No. 29592 of 2026 2 before the concerned trial court where the aforesaid case is pending within two weeks from the date of production of certified copy of this order. 8. Till the report of the Mediation Centre, District Court, Prayagraj, is received, no coercive action shall be taken against the applicant in the aforesaid case. 9. After receiving the report/settlement of Mediation Centre, the learned trial court concerned shall proceed in the matter in accordance with law. 10. However, it is made clear that in the event mediation fails, the interim protection granted to the applicant in this case shall cease to operate and law will take its own course. 11. With the aforesaid directions, the instant application finally stands disposed of. September 16, 2026 Kashifa NA528 No. 29592 of 2026 3 (Prashant Mishra-I,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad