Crl. Misc.No.M-6561 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-6561 of 2009 Date of Decision: 7 - 5 - 2009 Dr.Rajesh Kumar Gabba and another .....Petitioners v. State of Punjab and another .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.B.D.Sharma, Advocate for the petitioners. Dr.U.S.Dhaliwal, Addl.A.G., Punjab. Mr.Amit Dhawan, Advocate for respondent No.2. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for respondent No.2 has placed on record affidavit of R.S.Sharma. Counsel for respondent No.2 state that R.S.Sharma vide resolution dated 31.7.2003 has been authorised to defend the company in all litigation in Courts. Along with the affidavit a compromise deed, Annexure R-4, has also been annexed. Mr.Amit Dhawan appearing for respondent No.2-Company has stated that a compromise has been arrived between the parties on 5.5.2009. Respondent No.2 Arshdeep Finance Ltd. has lodged FIR No.15 dated 6.3.2004 registered at Police Station Division No.2, under Sections 419, Crl. Misc.No.M-6561 of 2009 [2] 420, 406, 120-B IPC. The case set out in the FIR is that petitioner Dr.Rajesh Gabba had obtained loan from the company and issued cheques. The cheques had bounced and a complaint under Section 138 of the Negotiable Instruments Act (for short, `the Act') was filed. It also surfaced that cheque issued by petitioner No.1 was not bearing a correct account number and the account number which was filled in the cheque pertain to some other account holder. Counsel for the petitioners has relied upon the compromise arrived between the parties in a complaint under Section 138 of the Negotiable Instruments Act before the Lok Adalat presided over by Judicial Magistrate Ist Class, Jalandhar. By filing the present petition, quashing of the FIR has been sought by the petitioners. Notice of motion was issued. A written statement was filed, wherein it has been stated that compromise was only confined to a complaint under Section 138 of the Act and so far as the FIR is concerned, no compromise was arrived. Further more cheques issued before the Lok Adalat were also not encashed. The matter was adjourned on the request made by counsel for the petitioners that he will make every effort to satisfy claim of the respondent-Company. As stated above, today on behalf of the company R.S.Sharma has filed the affidavit along with the compromise deed and resolution whereby he has been authorised to defend the company. Counsel for the parties are in unison that compromise has been arrived and pray that FIR be quashed. Taking into consideration prayer made by counsel for the petitioners and respondent No.2, the present petition can be accepted. It has been held in Kulwinder Singh and others v. State of Crl. Misc.No.M-6561 of 2009 [3] Punjab and another, 2007(3) RCR (Criminal) 1052 that where a compromise has been effected between the parties, continuation of criminal proceedings will serve no useful purpose. Therefore, the present petition is allowed and the impugned FIR along with all subsequent proceedings is quashed. ( KANWALJIT SINGH AHLUWALIA ) May 7, 2009. JUDGE RC