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TMI Blog2015 (9) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... both the parties in Lok Adalat, on 25/7/2000, have agreed to withdraw pending litigation. A cheque was also given in the light of the settlement of ₹ 3,51,750/- and the same has been dishonoured. The second complaint has been preferred on account of dishonour of the second cheque. The apex Court in the case of LALIT KUMAR SHARMA VERSUS STATE OF UP. [ 2008 (5) TMI 429 - SUPREME COURT ] in almost similar circumstances has held that the question of entertaining a second complaint, does not arise as the cheque was not issued in discharge of debt or liability of the Company. It was issued on account of a settlement arrived at between the parties. Appeal allowed. - HON'BLE MR. S. C. SHARMA, J ORDER The petitioner before this Court ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissed. Learned counsel for the petitioner has placed reliance upon the judgment delivered by the apex Court in the case of Lalit Kumar Sharma and another Vs. State of Uttar Pradesh and another reported in (2008) 5 SCC 638 and his contention is that as the second cheque was given in lieu of the compromise and as the complainant was already punished in the earlier case, the question of taking cognizance at a second complaint does not arise in the light of the judgment delivered by the apex Court. On the other hand, learned counsel for the respondent has made an attempt to distinguish the judgment delivered by the apex Court and his contention is that the respondents have not received the amount and as per the Lok Adalat settlement a chequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless-- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he fact that Manish Arora issued the second cheque in terms of the settlement between the parties is not in dispute. It appears from the complaint petition itself, the requisite averments made therefor were as under: 5. That after getting their bail from the court the accused No. 2 to 6 approached and requested the complainant to take fresh cheques for full amount and withdraw the complaint and also felt sorry for the said dishonour of the cheque. 14. The learned Judicial Magistrate also in his order dated 1.10.2002 noticed: It has been stated on behalf of the accused persons that by settlement it was found that the party involved in the dealing would be responsible. Thus, prayer has been made on behalf of the accused persons that the afore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra for the purpose of arriving at a settlement. The said cheque was not issued in discharge of the debt or liability of the Company of which the appellants were said to be the directors. There was only one transanction between Shri Ashish Narula, Shri Manish Arora, Directors of the Company and the complainant. They have already been punished. Thus, the question of entertaining the second complaint did not arise. It was, in our opinion, wholly misconceived. The appeal, therefore, in our opinion, must be allowed. It is directed accordingly. Respondent shall bear the costs of the appellants. Counsel's fee assessed at ₹ 25,000/-. The apex Court in almost similar circumstances has held that the question of entertaining a second complai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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