2020 (9) TMI 738 - HC - Indian Laws

Adjudication of testimonial worth of prosecution evidence - Dishonor of Cheque - Submission is that the Apex Court decision has taken cognizance of the heavy pendency of the cases in the courts which may result ultimately in the chocking of criminal justice system - HELD THAT - As requested by the counsel, it is directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits - In the aforesaid period of four months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused applicant. Application disposed off.

Summary

Issues:
1. Application under Section 482 Cr.P.C. to quash summoning order under section 138 of the Negotiable Instrument Act, 1881.
2. Sufficiency of material justifying the summoning of accused.
3. Categories justifying quashing of complaint or charge sheet.
4. Encouragement of compounding of offence in cheque bounce cases.
5. Direction for accused to seek compounding of offence through compromise.

Analysis:
1. The judgment pertains to an application filed under Section 482 Cr.P.C. to quash a summoning order dated 25.11.2019 passed by the Additional Chief Judicial Metropolitan Magistrate-I in a complaint case under section 138 of the Negotiable Instrument Act, 1881. The court examined the contentions raised by the applicant's counsel, which primarily related to disputed questions of fact and the credibility of prosecution evidence.

2. The court reiterated the well-settled law regarding the sufficiency of material required to justify the summoning of an accused. It emphasized that the court should not engage in a detailed inquiry into the case's intricacies but should be satisfied with a prima facie assessment of the grounds to proceed. The judgment referred to various decisions of the Hon'ble Apex Court to expound on this legal aspect.

3. The judgment also discussed categories recognized by the Apex Court that may warrant the quashing of a complaint or charge sheet, such as cases where the allegations do not constitute an offence, are absurd, legally barred, or maliciously instituted. The court found that the present case did not fall within these recognized categories, thereby refusing to quash the complaint or summoning order.

4. In light of the heavy pendency of cases and to encourage the expeditious resolution of disputes, the court considered the compounding of the offence in cheque bounce cases. Citing the Apex Court's observations in a specific case, the judgment highlighted the importance of prioritizing the compensatory aspect over the punitive aspect in such cases.

5. Finally, the court directed the accused to appear before the lower court within a month and seek compounding of the offence through compromise. The lower court was instructed to provide a maximum of four months for the accused to pursue this option. During this period, no coercive measures were to be taken against the accused, emphasizing the opportunity for amicable settlement before trial proceedings.

This comprehensive analysis of the judgment highlights the legal principles applied by the court in addressing the issues raised in the application under Section 482 Cr.P.C.