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Allahabad High Court

RAKESH KUMAR SHARMA @ PRASADI AND 2 OTHERSversusState of UP AND ANOTHER

Decided

Holding

The High Court dismissed the application, finding no basis for interference.

Summary

The applicants filed an application under Section 528 of the Negotiable Instruments Act, seeking relief. The court noted that the matter had been referred to the Mediation and Conciliation Centre, where the applicants failed to comply with the order to deposit money, yet they continued to enjoy an interim order for about two years. The court observed that the applicants' conduct was unfair and amounted to a prima facie offence under Sections 200 and 202 of the Criminal Procedure Code. Consequently, the court found no ground to interfere with the earlier order. The application was dismissed.

Issues considered

  • Whether the High Court should interfere with the interim order despite the applicants' non‑compliance with the mediation directive
  • Whether the applicants' failure to deposit money constitutes an offence under Sections 200 and 202 of the Cr.P.C.

Legislation cited

Subjects

  • mediation
  • interim order
  • non‑compliance
  • Criminal Procedure Code
  • contempt
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 35959 of 2024

                                    Rakesh Kumar Sharma @ Prasadi And 2 Others
                                                                                                .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Arun Kumar Maurya, Santosh Kumar
                                                                    Pandey
                                    Counsel for Opposite Party(s) : G.A.

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

                                    1. Case called out in revised list. No one appeared to press this application
                                    on behalf of applicant.

                                    2. On perusal of record, it is evident that vide order dated 11.02.2025, the
                                    matter was referred to Mediation and Conciliation Centre, High Court,
                                    Allahabad. As per Mediation report dated 18.03.2025, the applicants have
                                    not complied the order dated 11.02.2025 with regard to deposit of money,
                                    hence the notices could not be issued to the opposite parties. On the requ
                                    est of the applicants, the matter was referred to Mediation and C
                                    onciliation Centre. In the garb of chances of settlement between the
                                    parties, the applicants got interim order and did not deposit amount before
                                    the Mediation and Conciliation Centre as directed by the Court. About
                                    two years, applicants have enjoyed the interim order keeping the Court in
                                    dark. The act of the applicant is not fair and cannot be accepted. On
                                    perusal of complaint as well as statement recorded under Sections 200
                                    Cr.P.C. and 202 Cr.P.C., prima facie, offence is made out against the
                                    applicants.

                                    3. No interference is warranted by this Court.

                                    4. The application is, accordingly, dismissed.



                                                                                            (Deepak Verma,J.)
                                    May 14, 2026
                                    Meenu Singh




Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad


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