IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 296/2005 Sachin Wasan & Anr. …….Petitioners Versus State of Uttaranchal & Anr. …….Respondents July 28, 2010 Hon’ble Dharam Veer, J. Heard Mr. Ramji Srivastava, Advocate for the petitioners, Mr. Amit Bhatt, Addl. GA for the State and Mr. KS Verma, Advocate for the complainant/respondent no. 2. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioners have prayed for quashing the summoning order dated 4.5.2005 passed by the Judicial Magistrate (CBI), Dehradun in Criminal Case No. 88 of 2005, Smt. Beena Gupta v. Suresh Wasan & Anr. under Section 138 of the Negotiable Instruments Act. In brief, the facts of the case are that respondent no. 2 Smt. Beena Gupta filed a complaint with the averments that she had executed a power of attorney on 27.11.2004 in favour of Sachin Wasan, petitioner no. 1, who executed a sale deed on the basis of that power of attorney in favour of petitioner no. 2 Suresh Wasan, his uncle on 17.12.2004 and in sale consideration two cheques were given to the complainant Smt. Beena Gupta dated 20.12.2004 and 21.12.2004 of rupees sixteen lakhs and rupees six lakhs respectively. When these cheques were presented in the bank the same were dishonoured for want of sufficient funds. Thereafter respondent no. 2 sent legal notice to the petitioners and demanded rupees twenty two lakhs, but the petitioners did not paid her the said money. Thereafter with these averments, the respondent no. 2 has filed the instant complaint before the Magistrate. Learned Trial Court after recording the statement of the complainant under Section 200 CrPC and the statements of the witnesses under Section 202 CrPC, came to the conclusion that a prima facie case under Section 138 of the Negotiable Instruments Act is made out against the petitioners and accordingly summoned them vide order dated 4.5.2005. Learned Counsel for the petitioners argued that the parties have entered into compromise in the aforesaid case and about the same dispute a civil suit no. 240/2005, Suresh Wasan v. Smt. Beena Gupta & Anr. is also pending in the Court of Civil Judge (Sr. Div.), Dehradun in which parties have filed compromise on 14.7.2010 and on the basis of said compromise, the suite was decided on the same day in terms of the compromise. Here also, parties have filed compounding application stating that they have entered into compromise and sought permission of this Court that their compromise may be accepted and compounding application may be allowed as the matter has been settled amicably between them and now they are living peacefully. Offence under Section 138 of the Negotiable Instruments Act is compoundable. Compounding application is duly supported by the affidavits of petitioner as well as the complainant/respondent no. 2 duly verified by their respective Counsel. Hence, compounding application is allowed and the compromise entered into by the parties is accepted. Accordingly, the impugned summoning order dated 4.5.2005 passed by the Judicial Magistrate (CBI), Dehradun in Criminal Case No. 88 of 2005, Smt. Beena Gupta v. Suresh Wasan & Anr. under Section 138 of the Negotiable Instruments Act is hereby quashed. The petition is disposed of in terms of the compromise. Interim order dated 15.6.2005 and 21.8.2008 stands vacated. (Dharam Veer, J.) 28.7.2010 PRABODH 2