IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-15131 of 2011 (O&M) Date of decision: 25th May, 2011 Dr. Jarmanjit Singh … Petitioner Versus Narinder Kumar … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.V.S. Chugh, Advocate for the petitioner. Mr. Shalender Mohan, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc. No.29052 of 2011 Application is allowed and the reply filed by the respondent by way of an affidavit along with Annexure R-1 is taken on record. Criminal Misc. No.M-15131 of 2011 Present petition has been filed under Section 482 Cr.P.C. seeking quashing of a criminal complaint No.13/13307 (Annexure P-1) dated 19.02.2007 titled as ‘Narinder Kumar v. Dr. Jarmanjit Singh’ under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, ‘the Act’) pending in the Court of Chief Judicial Magistrate, Mansa on the basis of a compromise (Annexure P-2) dated 3rd February, 2011. The petitioner had issued a cheque bearing No.018307 dated 28.08.2006 for an amount of Rs.12,000/- from the account maintained by him with Centurion Bank Punjab Ltd., Branch Bagha Purana. The cheque had bounced, and therefore, the complainant had Criminal Misc. No. M-15131 of 2011 (O&M) filed the impugned complaint (Annexure P-1), in which the petitioner was summoned to stand trial. Case of the petitioner is that service of summons could not be effected and he has been declared as a proclaimed offender. It is further stated that now a compromise has been arrived at between the parties and the amount of cheque has been paid. The petitioner and the complainant-respondent have agreed to compound the offence under Section 147 of the Act. Mr. Shalender Mohan, Advocate appearing on behalf of the complainant-respondent, has stated that in view of the compromise arrived at between the parties, the complainant will file an application before the trial Court for withdrawal of the complaint. The trial Court is directed to take up the complaint filed by the respondent-complainant against the petitioner for hearing on 2nd June, 2011. In case the petitioner causes appearance on that date, on an application filed by the complainant the trial Court shall permit him to withdrawn the complaint or to compound the offence on the basis of compromise (Annexure P-2). However, in case for any reason the case is to be adjourned, the petitioner shall be released on bail. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE May 25, 2011 rps 2