IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47331 of 2007 RAJESH PRASAD SINGH @ KUNDAN SINGH Versus THE STATE OF BIHAR & ANR ----------- 3/ 9/2/2009. Heard learned counsel for the petitioner and learned counsel for O.P. NO.2. The petitioner is aggrieved by the order of cognizance dated 15.11.2006 in complaint case No.579C/06/T.R. No.2607/07 under Section-138 of N.I. Act pending before Sri B.M. Singh, Judicial Magistrate, 1st Class, Arrah. The allegations relate to the dishonour of the Cheque stated to have been issued by the petitioner in favour of O.P. No.2 of a sum of Rs.50,000/- Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the full value of the dishonoured instrument. He places before this Court a demand draft No.544098 dated 29.1.2009 drawn on the Punjab National Bank, R.K. Avenue, Patna, Bihar in the name of O.P. No.2. Learned counsel for O.P. No.2 submits that if the value of the dishonoured instrument is paid to him, he is not interested in prosecuting the petitioner. The demand draft, as noticed above, is handed over by the learned counsel for the petitioner to the counsel for O.P. No.2 during the course of the 2 proceedings and receipt of which the counsel for O.P. No.2 expressly acknowledges in the Court. The Negotiable Instruments Act, as amended in 2002 incorporates Section-147 of Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 which makes the offence compoundable. In view of the payment of the full value of the dishonoured instrument having been made and the O.P. No.2 accepting the same, and stating that he is not desirous to pursue the matter further, no useful purpose is going to be served by permitting the prosecution to continue, the offence being compoundable. The entire prosecution of the petitioner in complaint case No.579C/06/T.R. No.2607/07, pending before Sri B.M. Singh, Judicial Magistrate, 1st Class, Arrah is quashed. The application stands allowed. KC ( Navin Sinha, J.)