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Allahabad High Court

ARVIND KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The petition is dismissed as the petitioner failed to comply with the Mediation Centre’s deposit requirement.

Summary

Arvind Kumar filed a petition under Article 227 seeking to quash an order dated 29.01.2025 passed by the Additional District and Sessions Judge in a criminal revision, and an order dated 31.05.2024 passed by the Chief Judicial Magistrate in a complaint under Section 138 of the Negotiable Instruments Act. The matter had been referred to a Mediation Centre, which directed the petitioner to deposit Rs.5,000 per month, a condition the petitioner failed to fulfill while still enjoying the interim relief. The High Court examined the compliance with the mediation directive and the propriety of the lower courts' orders. Finding that the petitioner had not complied with the deposit requirement, the Court dismissed the petition. The dismissal was accompanied by an observation that the petitioner had not adhered to the mediation order.

Issues considered

  • Whether the High Court can quash the orders of the Additional District and Sessions Judge and the Chief Judicial Magistrate under Article 227.
  • Whether the petitioner’s failure to deposit the stipulated amount under the Mediation Centre order warrants dismissal of the petition.

Legislation cited

Subjects

  • Section 138 NI Act
  • Mediation
  • Quash order
  • Article 227
  • Criminal revision
  • High Court
  • Compliance with court order

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5011 of 2025

                                    Arvind Kumar
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)         : Alok Sharma, Amit Kumar Chauhan
                                    Counsel for Respondent(s)         : G.A.

                                    Court No. - 74
                                                          HON'BLE DEEPAK VERMA, J.

                                    1. Case called out in the revised list. None appears to press this petition.

                                    2. The present petition has been filed to quash the impugned order dated
                                    29.01.2025 passed by learned Additional District and Sessions Judge
                                    Court No.11, Shahjahanpur in Criminal Revision No. 175 of 2024
                                    (Arvind Kumar Vs. Smt. Asha Devi & another) and order dated
                                    31.05.2024 passed by learned Chief Judicial Magistrate-I Court No.16
                                    Shahjahanpur in Complaint Case No. 1091 of 2024 (Asha Devi Vs.
                                    Arvind Kumar), u/s 138 Negotiable Instrument Act, Police Station Sadar
                                    Bazar, District Shahjahanpur.

                                    3. Matter was referred to Mediation Centre and petitioner was directed to
                                    deposit amount of Rs.5,000/- per month. As per Mediation Centre report,
                                    applicant has not deposited the amount but applicant enjoyed the interim
                                    order.

                                    4. In view of the aforesaid, the present petition is hereby dismissed with
                                    the aforesaid observation.



                                                                                             (Deepak Verma,J.)
                                    September 8, 2026
                                    Nitin Verma




Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad


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