Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicant, Shri H.K. Yadav, learned counsel, who put in appearance on behalf of opposite party No. 2 and learned A.G.A. for the State respondent. The present application has been filed for quashing of the charge sheet dated 08.07.2011 filed in Case Crime No. 434 of 2011, under Sections 419, 420, 406, 506 IPC, PS Sarai Lakhansi, district Mau as well as for quashing the cognizance taking order dated 24.08.2011 passed by the Chief Judicial Magistrate, Mau.
(2.) LEARNED counsel for the applicant contends that dispute with regard to payment and non -payment of the amount due between the applicant and opposite party No. 2, which is purely of civil nature, for which criminal prosecution has been illegally initiated by opposite party No. 2, which is nothing, but gross misuse of the process of the Court. Learned counsel for the applicant further contends that as the aforesaid matter with regard to payment and nonpayment of amount due to either of the party, can be well settled before the Mediation Centre.
(3.) SHRI H.K. Yadav, learned counsel for opposite party No. 2 states that he is not agreeable to refer the matter to the Mediation Centre for mediation.;