BALA KRISHNA NARAYANA,J. - (1.) HEARD learned counsel for the applicant and Sri Sahab Tiwari, Advocate who has filed his memo of appearance on behalf of opposite party no.2.
(2.) THE following order was passed by this Court in this case on 12.1.2012:- "Heard learned counsel for the applicant and the learned AGA for the State-respondent. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of complaint case no. 1807 of 2011, under Section 138 of Negotiable Instruments Act, police station Kotwali, Agra, pending before the Additional Chief Judicial Magistrate, Court No.6, Agra. It is contended by the learned counsel for the applicant that the applicant is ready to pay the amount due to the opposite party no.2 and some date may be fixed after six weeks, on which date the applicant as well as the opposite party no.2 may remain present before the Court and on that date, the applicant shall pay the amount due to the opposite party no.2. Issue notice to opposite party no.2 returnable within four weeks. Steps be taken within one week. Learned AGA prays for and is granted four weeks time to file counter affidavit. Opposite party no.2 may file counter affidavit within the same period. As prayed by learned counsel for the applicants, one week thereafter is granted for filing rejoinder affidavit. As prayed list on 24.2.2012, on which date the applicant as well as the opposite party no.2 may remain present before the Court so that the matter may be amicably settled between the parties. Learned counsel for the applicant shall pay Rs.3000/- to the opposite party no.2 for his appearance before the Court on the next date fixed. Till the next date of listing, no coercive action shall be taken against the applicant, in the aforesaid case." In compliance of the aforesaid order the applicant Deepak Gulati and complainant/opposite party no.2 Naseer Ahmad appeared before this Court in person. As directed by this Court a sum of Rs.3000/- was paid by the applicant in cash to the opposite party no.2 before this Court today.
(3.) UPON inquiry made by the Court from Sri Naseer Ahmad-opposite party no.2 expressed his unwillingness for settling the matter through the process of mediation. Since the opposite party no.2 is not willing to the dispute between the parties being settled through the process of mediation and conciliation, I proceed to hear this matter on merits.;