IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1859 of 2005 Date of Decision:11.02.2008 Rakesh Jain .....Petitioner Vs. Rajesh Aggarwal .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. R.P.Kansal, Advocate for the petitioner. Mr. Kunal Dawar, Advocate for the respondent. RAJESH BINDAL, J. The challenge in the present petition is to the order dated 4.6.2005 passed by the learned Court below whereby the application filed by the petitioner for discharge on the basis of compromise between the parties was dismissed. Learned counsel for the petitioner submits that during the pendency of the complaint filed by the respondent, an understanding was arrived at between the parties on 29.11.2003 (Annexure P.3) vide which the petitioner had issued six cheques of Rs.1 lac each. The first cheque was dated 28.2.2004. As per the compromise, immediately, on receipt of cheques, the respondent- complainant was to file the compromise in the Court and withdraw the complaint filed by him. In spite of receipt of cheques, the respondent did not withdraw the complaint and, accordingly, the petitioner filed the application for discharge on 4.12.2003 which was dismissed vide impugned order. He further submits that since the complaint was not withdrawn even after receipt of fresh cheques, the petitioner stopped the payment of the first cheque issued to the complainant. From the facts narrated above, it is evident that though the parties mutually compromised the matter but did not stick to the same, accordingly, at this stage no case is made out for setting aside the order passed by the learned Court below rejecting the application for discharge of the petitioner. The trial of the complaint filed by the respondent shall continue as such from the stage it is there. The petition is disposed of accordingly. February 11, 2008 ( RAJESH BINDAL ) renu JUDGE