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TMI Blog2021 (12) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... of the parties would be sought for closure of the proceedings under Section 138 of N.I.Act, and while compounding the matter under Section 147 of N.I.Act, the Court is required to assess the amount to be paid to the complainant in accordance with the object. Here in this case the total cheque amount has been paid by the petitioner-company to the respondent No.2-original complainant but the only issue is with regard to payment of interests and cost. Thus, in the fitness of the matter and the facts and circumstances of the case, it would be more appropriate that both the parties are directed to approach the trial court through the learned advocates and assist the court in assessing the interests and cost amount to be paid. It is thus directed that the presence of the parties may not be insisted and the court may take all endeavors to make closure of the case at the earliest. Petition disposed off. - R/Special Criminal Application No. 2405 of 2019 With R/Special Criminal Application No. 2406 of 2019 With R/Special Criminal Application No. 2407 of 2019 - - - Dated:- 22-9-2021 - Honourable Ms. Justice Gita Gopi For the Applicant(s) : Mr Nandish Chudgar With Ms. Samata V P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kindly be granted. (E) Such other and further relief/s as may be deemed just and necessary in the facts and circumstances of the present case may kindly be granted. 1.2 The following prayer has been made in Special Criminal Application No. 2407 of 2019. 17(A) Your Lordships may be pleased to issue appropriate writ, order or direction, directing the learned Additional Chief Metropolitan Magistrate Court No.27 to close the proceedings pending before him being Criminal Case No. 87810 of 2018 dated 18.09.20218 and passed an order of acquittal in the interest of justice. (B) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay further proceedings of Criminal Case No. 87810 of 2018 pending in the Hon ble Court of learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.27, Ahmedabad. (C) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to direct the learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.27, Ahmedabad, to exempt the presence of petitioners from personal appearance in the interest of justice. (D) An ex-parte ad-interim relief in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard to purchase of aluminum manufacturers based in Ahmedabad having its manufacturing set-up at Chhatral. The petitioners had approached the respondent No.2 for purchase of Aluminum Alloy Ingot ADC-2 at own plant which is situated at Plot No.12, Sec-3 IMT, Manesar Gurgaon, Haryana. The petitioner-company had issued eight different cheques of different amount in favour of the respondent No.2 for the payment against purchase of the goods. Three cases under Section 138 of the Negotiable Instruments Act (for short N.I. Act ) was filed as the cheques came to be dishonoured, after legal notice being issued on 18.08.2018. 5.1 It has been stated that the learned Additional Chief Metropolitan Magistrate Court No.27, Ahmedabad, had issued the summons to the petitioners on 18.09.2018 making it returnable on 06.12.2018 in all the three matters. On that day the learned advocate for the petitioners remain present before the learned Additional Chief Metropolitan Magistrate Court No.27, Ahmedabad City, and informed that the petitioners have already paid the total amount of cheques to the respondent No.2-original complainant by RTGS. It has been stated that the said cheques came to be dishono ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect. ii) The object of the provision being primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to appropriate compensation as may be found acceptable to the parties or the Court. iii) Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. iv) Procedure for trial of cases under Chapter XVII of the Act has normally to be summary. The discretion of the Magistrate under second proviso to Section 143, to hold that it was undesirable to try the case summarily as sentence of more than one year may have to be passed, is to be exercised after considering the further fact that apart from the sentence of imprisonment, the Court has jurisdiction under Section 357(3) Cr.P.C. to award suitable compensation with default sentence under Section 64 IPC and with further powers of recovery under Section 431 Cr.P.C. With this appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 1.03,59,000/- and thereafter the impugned complaint were filed on 18.09.2018. Learned advocate for the petitioner stated that within a period of one and half month the amount of the cheques has been paid to the complainant, and thus, after receiving the summons on 06.12.2018, the petitioner company has informed the court of having made the total payment of cheques and requested the court to dispose of the matter. 11. It is required to be noted that the observations made by the Hon ble Apex Court in M/s. Meters and Instruments (supra) was also considering the provisions of Section 143 of the Act and the provisions of Section 258 of Cr.P.C. It requires to mention here that in SUO MOTU Writ Petition (Cri.) No. 2 of 2020 for expeditious trial of cases under Section 138 of N.I.Act, 1881, it has been observed that Section 258 of the Cr.P.C. is not applicable to a summons case instituted on a complaint thus held that Section 258 cannot come into play in respect of the complaints filed under Section 138 of the Act. Further noted that M/s. Meters and Instruments (supra) in so far as it conferred power on the trial court to discharge an accused is not good law. Thus it can be consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of complainant. Here in this case the payment has been made by RTGS mode and such receipt of the money has not been denied by the complainant, but, the only issue which has been raised is about the payment of interest. The Hon ble Apex Court has laid down in para 20 of the said judgment that if the accused deposits the specified amount, which should be assessed by the Court having regard to the cheque amount and interest/cost, by a specified date, the accused need not appear unless required and proceedings may be closed subject to any valid objection of the complainant. Here in this case the total cheque amount has been paid by the petitioner-company to the respondent No.2-original complainant but the only issue is with regard to payment of interests and cost. Thus, in the fitness of the matter and the facts and circumstances of the case, it would be more appropriate that both the parties are directed to approach the trial court through the learned advocates and assist the court in assessing the interests and cost amount to be paid. It is thus directed that the presence of the parties may not be insisted and the court may take all endeavors to make closure of the case at the earli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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