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TMI Blog2020 (9) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... Case No. 6644 of 2018 (Punjab National Bank Vs. Sadhana Saxena), under Section 138 of Negotiable Instruments Act, Police Station Civil Lines, District Meerut including Complaint Case No. 6644 of 2018. 3. All the contentions raised by the learned counsel for the applicant relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. 4. The law regarding sufficiency of material which may justify the summoni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked. 7. Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case. 8. The submissions made by the learned counsel for applicant call for adjudication on pure questions of fact which may be adequately adjudicated up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the same object. The counsel has also placed reliance on the Apex Court given in the case of Damodar S. Prabhu Vs. Sayed Babalal H., 2010(5) SCC 663 in this regard. 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. It has been urged that with the laudable object of providing the rival parties, who have hitherto locked their horns in litigation, an opportunity to arrive at a mutually agreeable settlement and put an end to the escalating litigations, the compounding of the offence has not only been encouraged but in order to given incentive to do so at the earliest stage, certain directions have also been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the offence of dishonour of cheques, it is the compensatory aspect of the remedy which should be given priority over the punitive aspect. There is also some support for the apprehensions raised by the learned Attorney General that a majority of cheque bounce cases are indeed being compromised or settled by way of compounding, albeit during the later stages of litigation thereby contributing to undue delay in justice delivery. The problem herein is with the tendency of litigants to belatedly choose compounding as a means to resolve their dispute. . ................... 19. As mentioned earlier, the learned Attorney General's submission is that in the absence of statutory guidance, parties are choosing compounding as a method of last res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a period of five months from today. 14. 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. 15. In the aforesaid period of five months or till th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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