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TMI Blog2020 (3) TMI 990X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Application disposed off. - APPLICATION U/S 482 No. 8904 of 2020 - - - Dated:- 5-3-2020 - Hon'ble Mrs. Manju Rani Chauhan, J. For the Applicant : Asheesh Kumar Tiwari For the Opposite Party : G.A. ORDER Hon'ble Mrs. Manju Rani Chauhan, J. Heard Shri Asheesh Kumar Tiwari, learned counsel for the applicant, Shri S.S. Sachan, learned A.G.A. for the State and perused the entire record. This application under Section 482 Cr.P.C. has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 may be usefully referred to in this regard. The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut it shall suffice to observe that the perusal of the complaint, and also the material available on record make out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. I do not find any justification to quash the complaint or the summoning order or the proceedings against the applicants arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing. The prayer for quashing the same is refused as I do not see any abuse of the Court's process either. In the last, the counsel has urged before the Court that the facts and circumstances of the case and the nature of offence involved are su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able Instruments Act-Tackling an avalanche of cases (New Delhi: Universal Law Publishing Co. Pvt. Ltd., 2009) at p. 5] : ... Unlike that for other forms of crime, the punishment here (in so far as the complainant is concerned) is not a means of seeking retribution, but is more a means to ensure payment of money. The complainant's interest lies primarily in recovering the money rather than seeing the drawer of the cheque in jail. The threat of jail is only a mode to ensure recovery. As against the accused who is willing to undergo a jail term, there is little available as remedy for the holder of the cheque. If we were to examine the number of complaints filed which were `compromised' or `settled' before the final judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levels. If the accused is willing to settle or compromise by way of compounding of the offence at a later stage of litigation, it is generally indicative of some merit in the complainant's case. In such cases it would be desirable if parties choose compounding during the earlier stages of litigation. If however, the accused has a valid defence such as a mistake, forgery or coercion among other grounds, then the matter can be litigated through the specified forums. It is deducible from the Apex Court decision that the submission made by the counsel is not without substance. 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 representin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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