1 S.B. Criminal Misc. Petition No.596/2005 Rajendra Kothari & Ors. vs. State of Raj. & Anr. 02.09.2008 HON'BLE MR.JUSTICE G.S.SARRAF Mr. A.K.Gupta for the petitioners Mr. Arun Sharma, P.P. Mr. Shailendra Prakash Sharma for respondent no.2. This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings against the petitioners in criminal case no.19/2001 pending before Chief Judicial Magistrate, Baran under Section 138 of the Negotiable Instruments Act (hereinafter referred to as `the Act'). Heard learned counsel for the petitioners, learned P.P. and learned counsel for the respondent no.2. The undisputed facts are that the petitioners are facing trial in the court of Chief Judicial Magistrate, Baran in a complaint filed by the respondent no.2 under Section 138 of the Act for dishonour of a cheque of rupees fifteen lakhs. A compromise was reached between the parties and a written compromise was filed in the trial court, a copy of which is Annexure-1. The respondent no.2 has received payment of rupees twelve lakhs as per the terms and conditions of the written compromise. Learned counsel for the petitioners submits that since the petitioners have made the payment to the respondent no.2 of the total amount of rupees twelve lakhs in accordance with the terms and conditions of the written compromise submitted by the parties in the trial court therefore, the matter stands compromised and the 2 proceedings pending in the trial court deserve to be quashed. On the other hand learned counsel for the respondent no.2 submits that the amount of dishonoured cheque is rupees fifteen lakhs and the petitioners have paid to the respondent no.2 rupees twelve lakhs only therefore, the matter cannot be disposed of on the ground of the compromise between the parties. He further submits that there was any understanding between the parties to pay the remaining amount of rupees three lakhs to the respondent no.2 in cash. There is no doubt that the amount of dishonoured cheque is rupees fifteen lakhs. There is also no doubt that as per the terms and conditions of the compromise reached between the parties the entire amount has been paid by the petitioners to respondent no.2 which is to the tune of rupees twelve lakhs. In the compromise there is absolutely no reference of any understanding between the parties with respect to the payment of rupees three lakhs in cash or otherwise. When the terms and conditions as contained in the written compromise have been fulfilled and payment has been made there remains no ground for continuing the proceedings in the trial court as otherwise it will be sheer exercise in futility. Consequently, the proceedings in criminal case no.19/2001 pending before Chief Judicial Magistrate, Baran under Section 138 of the Act are hereby quashed. (G.S.SARRAF),J. S.B.Criminal Misc. Stay Application No.724/2005 3 in S.B. Criminal Misc. Petition No.596/2005 Rajendra Kothari & Ors. Vs. State of Raj.& anr. 02.09.2008 HON'BLE MR.JUSTICE G.S.SARRAF Mr. A.K.Gupta for the petitioners. Mr. Arun Sharma P.P. Mr. Shailesh Prakash Sharma for respondent no.2. Since, the main petition has been been finally disposed of, this stay application also stands disposed of. (G.S.SARRAF),J.