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TMI Blog2021 (10) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... s required. It is directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. Application disposed off. - APPLICATION U/S 482 No. 19280 of 2020 - - - Dated:- 4-10-2021 - Hon'ble Rajeev Misra, J. For the Applicant : Neeraj Kumar, Ashish Kumar For the Opposite Party : G. A. ORDER Hon'ble Raje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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. Nagawwa Vs. Veer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 applicant 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 such in which the litiga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ackling 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 judgment on one side and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 representing counsel and move an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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