Ramesh Sinha, J. - (1.) HEARD Sri A.K. Mishra, learned counsel for the applicant, Sri P.S. Chauhan, learned counsel for the opposite party no. 2 and learned A.G.A. This application under Section 482 Cr. P.C. has been filed for quashing entire proceedings of Case No. 2289 of 2009 (M/s. Merino Industries Ltd. Vs. Kamlalaya Hardware Paints and others), under Section 138 N.I. Act, police Station Hapur Kotwali, district Panchsheel Nagar, pending in the Court of Additional Chief Judicial Magistrate, Hapur.
(2.) FROM the perusal of record, it appears that the matter being related to section 138 N.I. Act was referred on 5.7.2012 to the Mediation and Conciliation Centre of this Court and the report of the Mediation and Conciliation Centre dated 6.4.2013 is on record, from which it is evident that the mediation between the parties have completed but they have arrived at no agreement, hence the mediation has failed. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
(3.) LEARNED A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the same do not suffer from any illegality or infirmity.;