Crl. Misc.No.M 10857 of 2009(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M 10857 of 2009(O&M) Date of Decision:-16.05.2011 Octagon Builders & Ors. ......Petitioners. Versus Jagdeep Singh. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Vikas Lochab, Advocate for Mr. Vikram Singh, Advocate for the Petitioners. Mr. Ajay Kansal, Advocate for the Respondent. *** JASWANT SINGH, J.(ORAL) Crl. Misc.No.56134 of 2010 The aforementioned Crl. Miscellaneous application has been preferred under Section 482 Cr.PC for recalling the order dated 12.10.2010 whereby the main petition bearing Crl. Misc.No.M 10857 of 2009 was dismissed for want of prosecution. It is apparent that the main petition bearing Crl. Misc. No. M 10857 of 2009 has been instituted by the petitioner/accused under Section 482 Cr.PC praying for quashing of criminal complaint titled as Jagdeep Singh Vs. Octagon Builders & Ors. (P-1) along with the summoning order dated 01.03.2008 in the complaint under Section 138 of the Negotiable Crl. Misc.No.M 10857 of 2009(O&M) #2# Instruments Act. During the course of hearing of the instant application seeking recalling of the order dated 12.10.2010, the Counsel for the petitioner- applicant/accused had submitted that they are ready and willing to pay the entire amount involved in the criminal complaint along with the certain additional amount as interest by way of compensation. Upon notice Counsel for the respondent/complainant submits that he has no objection if the order dated 12.10.2010 is recalled and the matter amicably settled. In view of such circumstances the instant Criminal Miscellaneous application is allowed and order dated 12.10.2010 is recalled and the main petition is ordered to be restored to its original number. Crl. Misc.No.M 10857 of 2009 In view of the fact that the order dated 12.10.2010 has been recalled and the main petition has been ordered to be restored to its original number, the Counsel for the parties jointly pray for case to be taken up today itself. Prayer is accepted. At the time of hearing Counsel for the petitioners/accused has handed over demand draft bearing no.062516 dated 14.05.2011 for a sum of Rs.1,80,000/-(rupees one lac eighty thousand only) payable to the respondent/complainant towards full and final settlement between the parties. Photocopy of the draft has been retained for the purpose of record. Draft has been accepted by the counsel for the respondent/complainant for onward transmission to the complainant. Learned Counsel for the respondent/complainant submits that Crl. Misc.No.M 10857 of 2009(O&M) #3# in view of the aforesaid amount having been accepted and the dispute settled in toto, the complainant Jagdeep would make a proper application for withdrawing his criminal complaint under Section 138 of the Negotiable Instruments Act pending herein before the court of Learned CJM Jind as expeditiously as possible. In view of the statement made by learned Counsel for the respondent/Complainant the Counsel for petitioners/accused submits that the present petition be disposed of as having been infructuous. In such circumstances, disposed of as infructuous. ( JASWANT SINGH ) JUDGE May 16, 2011 Vinay