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TMI Blog2018 (8) TMI 1236X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the credibility” of cheque transactions. The complainant, in the hope of realization of its dues, continued to agree to enlargement of time. Some more money was paid, in bits and pieces, by installments, to some extent, over a prolonged period. In a case of this nature, it is naturally the expectation of the complainant (the creditor) that his entire dues would be settled, and this would include not only the principal amount represented by the cheques but also the interest that would have accrued thereupon. On account of prolonged proceedings, the liability of the accused has only increased. Petition dismissed with costs of Rupees two lakhs. - CRL.M.C. 3854/2015 & CRL.M.A. 13709/2015, 4123/2018, 29707-29708/2018 - - - Dated:- 9-8- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rocess of law. 2. The learned counsel on both sides, i.e., the petitioner (accused) and the second respondent (the complainant) have been heard at length. The record has been perused. 3. It is pointed out by the counsel for the complainant that the criminal case relates to cheque bearing Nos.204247 dated 14.08.2010 for ₹ 9,89,100/- and cheque bearing No.204252, dated 29.08.2010 for ₹ 29,99,409/- both drawn on Union Bank of India, Nehru Place Branch, New Delhi, that had been issued by the petitioner as the authorized signatory of the company accused for discharge of its liability towards the complainant for goods (computer hardware and components) that had been supplied. Both the said cheques were returned, upon presentatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submission being recorded on 02.07.2011. 7. The trial commenced with service of notice under Section 251 Cr.P.C. being framed on 12.08.2011. But, at that stage, on account of absence of one of the accused the plea could not be recorded. Later, the petitioner paid Rupees One lakh to the complainant in the form of demand draft on 29.11.2011, this being followed by some further payments. However, the expectations of the complainant for full and final settlement remained unaddressed. 8. At this stage, it may be mentioned that simultaneously another criminal complaint had come to be filed by the same complainant, it concerning certain other cheques issued in its favour by another company in which the petitioner and other individual accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheque amount with assessed costs and interest is paid and if there is no reason to proceed with the punitive aspect. (ii) The object of the provision being primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to appropriate compensation as may be found acceptable to the parties or the Court. (iii) Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interest of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused.. (emphasis supplie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed has only increased. The accused, however, have been in no mood to settle the matter amicably to the satisfaction of the complainant in entirety. Undoubtedly, the provision of Section 258 Cr.P.C. enables the court to direct proceedings to be stopped in a summons case. The court, in the interest of justice, may direct compounding of the offence even in absence of consent of the complainant. But, for such jurisdiction to be exercised, the court has to be satisfied that the complainant has been duly compensated. It is in this context that the petitioner fails to pass the muster. 13. For the above reasons, the petition at hand is itself found to be an abuse of the process of law. It is dismissed with costs of Rupees two lakhs. 14. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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