Crl.Misc.No.M-53304 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-53304 of 2007 Date of Decision: 18.05.2011 M/s Todi Textiles Industries Pvt. Ltd. & Ors. ...Petitioners Vs. M/s Sharda Solvent Extractions Pvt. Ltd. ...Respondents BEFORE: HON'BLE Ms.JUSTICE NIRMALJIT KAUR Present: Mr.Shiv Kumar, Advocate, for the petitioners. Mr.Sandeep Goyal, Advocate, for the respondent. --- Nirmaljit Kaur, J.(Oral) The present petition is filed under section 482 of the Code of Criminal Procedure for quashing of complaint dated 24.12.2002 titled M/s Sharda Solvent Extractions Pvt. Ltd. Vs. M/s Todi Textiles Industries Pvt. Ltd., filed under section 138 of the Negotiable Instruments Act (for short the Act) and the order dated 2.04.2007, Annexure P.4, passed by the learned Judicial Magistrate First Class,Faridabad. Respondent/firm filed a complaint against the petitioners under section 138 of the Act alleging that the complainant had business dealing with the petitioners and the petitioners had issued a cheque bearing Crl.Misc.No.M-53304 of 2007 2 No.984873 dated 18.11.2002 for Rs.50,000/- drawn on ICICI Bank, Greater Kailash, New Delhi. The said cheque was dishonoured. The petitioners duly replied to the notice of the respondent. However, without considering the reply, present complaint was filed. It is pointed out that petitioners No.2 and 3 made statement in the court that payment of cheque which was stopped by them, in lieu thereof, they are ready to make payment by way of Pay Order of Rs.50,000/-. This statement was duly recorded on 27.2.2006 and the respondent accepted the Pay Order of Rs.50,000/-. The respondent accepted the amount but did not withdraw the said complaint. It is not disputed that the respondent/complainant has already accepted the amount towards the dishonoured cheque. This court in a case of somewhat similar facts titled as Balbir Singh Vs. M/s Aggarwal Mfg. Co., bearing Criminal Misc. No.M-23421 of 2008 decided on 11.11.2010 held: “ The provisions of Section 147 of the Act, which makes all the offences under the Act compoundable and the law laid down to the effect that compounding of the offences under the Act would be permissible even after conviction would indicate the manner in which the Courts should deal with the offence allegedly committed under the Act. In a situation, where the accused is ready and willing to pay the amount of the cheque indues, the insistence of the complaint for an adjudication on merits by refusing to accept the amount, itself, would amount to an abuse of the process of the Court.” Crl.Misc.No.M-53304 of 2007 3 Thus, taking into account that the petitioners have already paid the cheque amount and the same has been duly accepted by the respondent, the petitioners are unnecessarily facing trial. Pendency of criminal proceedings will not serve any purpose and would rather amount to abuse of the process of law. Accordingly, the present petition is allowed. The complaint dated 24.12.2002 titled M/s Sharda Solvent Extractions Pvt. Ltd. Vs. M/s Todi Textiles Industries Pvt. Ltd., filed under section 138 of the Negotiable Instruments Act and the order dated 2.04.2007, Annexure P.4, passed by the learned Judicial Magistrate Fist Class, Faridabad are quashed. (Nirmaljit Kaur) 18.05.2011 Judge rp