Crl.Misc.No.M-20891 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-20891 of 2009 . Decided on: March 17, 2010. Mr.Vipul Patel .. Petitioner VERSUS Girish Kapoor and another .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Naresh Prabhakar, Advocate, for the petitioner. Mr.Vivek Verma, Advocate, for respondent No.1. M.M.S. BEDI, J. (ORAL) It is apparent that proceeding under Section 138 of the Negotiable Instruments Act (for short 'The Act'), is being used as a liver to recover money without affixation of Court fee, which cannot be permitted. The compromise in the present case is indicative of the fact that against the disputed cheque of Rs.64 lacs, the complainant had agreed to withdraw the same on receipt of sum of Rs.47,50,000/-. The said amount of Rs.47,50,000/- has already been paid as agreed to. Even otherwise, a bare perusal of the complaint indicates that the petitioner is neither a signatory of the cheque nor any criminal liability can be foisted upon him. When the matter has been compromised with the signatory of the cheque by the complainant, it will not be prudent to permit the continuation of proceedings under Section 138 of the Act, against the petitioner who has . . . 1 Crl.Misc.No.M-20891 of 2009 been wrongly arrayed as a party in the complaint. In view of the above circumstances, continuation of proceedings against the petitioner under Section 138 of the Act after the compromise Annexure P-2, is an abuse of process of law. The petition is allowed. The complaint and all the criminal proceedings emanating therefrom are hereby quashed. However, this order will not prejudice the other civil rights of the parties. (M.M.S.BEDI) JUDGE March 17, 2010. rka . . . 2