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TMI Blog2020 (9) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. 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 couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of suffic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 applicant's counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the alleg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged 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 issued by the Hon'ble Supreme Court. 11. I have considered the last submission made by the counsel in the light of the aforesaid case law. It may be relevant to quote the observation made by the Hon'ble Apex Court in the case of Damodar S. Prabhu (supra) which read as follows:- 17. In a recently published commentary, the following observations have b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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 resort instead of opting for it as soon as the Magistrates take cognizance of the complaints. One explanation for such behavior could be that the accused persons are willing to take the chance of progressing through the various stages of litigation and then choose the route of settlement only when no other route remains. While such behavior may be viewed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion 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. 14. In the aforesaid period of five months or till the decision given in the light of the application, whichever is earlier, no coercive measures shall be adopted against the accused. 15. It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s. 482 Cr.P.C. has been moved in this Court. 16. With the aforesaid observations this app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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