High CourtsSingle Bench

Mahendra Kumar Agarwal vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 3 January 2025 · Citation: (2025) 01 UK CK 0131

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Negotiable Instrument Act 1881 — Section 138
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application U/s 482 No. 577 Of 2023
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Judgment

19 paragraphs · 340 words

Pankaj Purohit, J

1.

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 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.