CRM No. M 4872 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 4872 of 2010 Date of decision: 05.07.2010 Chandresh Khosla ........ petitioner Versus Lokesh Walia and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Jasbir Singh Dadwal, Advocate for the petitioner Mr. S K Bawa, Advocate for the respondent Mr. K S Pannu, DAG, Punjab for the respondent State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C. for quashing of complaint No. 35 of 23.10.2006 (Annexure P-2) filed under Section 138 of the Negotiable Instruments Act, 1981 titled Lokesh Walia v Chandresh Khosla and the summoning order dated 28.11.2008 (Annexure P-4) passed by the Sub Divisional Judicial Magistrate, Garhshankar on the basis of the compromise Annexure P-5. Facts of the case are that the respondent had filed a complaint CRM No. M 4872 of 2010 2 under Section 138 of the Negotiable Instruments Act against the petitioner alleging therein that the petitioner had borrowed a sum of Rs.20,000/- from the respondent in order to meet his domestic needs. On demand for the repayment of the borrowed amount, the accused petitioner issued cheque No. 0579547 dated 21.07.2006 drawn on the Hoshiarpur Central Co-op Bank Garh Shankar from his account No. 6428 to discharge his legal liability. On presentation of the aforesaid cheque in the complainant's banker, the same was dishonoured for insufficient fund in the account of the petitioner. A legal notice was also served upon the petitioner but of no use. Ultimately, the respondent filed aforesaid complaint against the accused petitioner. Now, the petitioner has been summoned to face the trial vide order dated 28.11.2008 passed by the Sub Divisional Judicial Magistrate, Garh Shankar. Learned counsel for respondent No. 1 has filed affidavit in Court today. The same in taken on record. In the affidavit, the respondent has stated that he has received full and final payment against the cheque No. 0579547 dated 21.07.2006 and has no objection if the present petition is allowed and the complaint titled Lokesh Walia v. Chandresh Khosla is quashed. Section 147 of the Negotiable Instruments Act reproduced as under: “147. Offence to be compoundable.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), very offence punishable under this Act shall be compoundable.” Reliance has been placed on the judgement passed by this Court in the case of Ritesh Gupta v. State of Punjab and another 2009(3) CRM No. M 4872 of 2010 3 R.C.R (Criminal) 61 whereby this Court has relied upon the judgment of Apex Court in the case of O.P Dholakia v. State of Haryana and another, (2000) 1 SCC 762 wherein the Apex Court was pleased to allow the accused and the complainant to compound an offence under Section 138 of the Act despite conviction and sentence having been held by three Forums. In view of the compromise, the conviction and sentence under Section 138 of the Act was annulled. Taking into account the allegations as well as affidavit of the complainant and the matter being totally personal in nature, there is no impediment in the way of this Court to quash complaint No. 35 of 23.10.2006 (Annexure P-2) filed under Section 138 of the Negotiable Instruments Act, 1981 titled Lokesh Walia v Chandresh Khosla and the summoning order dated 28.11.2008 (Annexure P-4) passed by the Sub Divisional Judicial Magistrate, Garhshankar on the basis of the compromise Annexure P-5 in view of the well settled proposition of law. Accordingly, the aforesaid complaint as well as the summoning order and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 05.07.2010 mohan