Criminal Misc. No.44038-M of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.44038-M of 2005 Date of Decision:28.01.2008 H.K.Singla .....Petitioner Vs. Nisha Mahajan and another .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Aditya Kumar, Advocate for the petitioner. Mr. Vipin Mahajan, Advocate for the respondents. **** RAJESH BINDAL, J. The prayer made in the present petition is for quashing of complaint filed by respondent No.1 under Section 138 of Negotiable Instruments Act, 1881. The dispute arose on account of a cheque issued by the petitioner for a sum of Rs.2 lacs to respondent No.1- complainant. At the time of notice of motion on 18.10.2005, learned counsel for the petitioner submitted that he was ready and willing to pay the amount of Rs.2 lacs to the complainant and in order dated 5.12.2005 it was recorded that the petitioner had deposited a sum of Rs.2 lacs with the cash branch of this Court in compliance to the earlier order passed by this Court on 18.10.2005. On 6.9.2007, when the matter was taken up, learned counsel for the complainant submits that the complainant was prepared to settle the issue with the petitioner in case she is compensated for loss suffered on account of non-clearance of cheque. On 16.11.2007, counsel for the petitioner brought a draft of Rs.30,500/-, as interest on account of delay, calculating the sum at the rate of 6% per annum. The matter was adjourned to today. Today, counsel for the petitioner had got a draft bearing No.310081 dated 21.1.2008 amounting to Rs.51,000/- for compensating the complainant on account of delay in the payment of cheque of Rs.2 lacs. Now the interest has been calculated at the rate of 10% per annum from the date of cheque till the amount was deposited by the petitioner in this Court. Learned counsel for the complainant submits that the amount of Criminal Misc. No.44038-M of 2005 -2- Rs.51,000/- on account of delayed payment of amount to the complainant is acceptable to the complainant. However, he prays for award of costs on account of harassment suffered by her as she had to file the complaint before the Court and only then the petitioner had paid the amount. On this account, the petitioner will pay a sum of Rs.3,000/- as costs to the complainant within two weeks from today by way of demand draft. As the dispute between the parties has been settled with the payment of amount of cheques by the petitioner, complaint filed by the respondent No.1 is quashed. The amount of Rs.2 lacs lying with the Registry be released to the complainant- respondent No.1. The petition is disposed of. January 28, 2008 ( RAJESH BINDAL ) renu JUDGE