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TMI Blog2022 (4) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... s. There are no justification for remitting the matter before the trial court when it can be done here also, especially when the petitioners have filed this petition under Section 482 of Cr.P.C asking this Court to exercise its inherent power - when a petition under Section 482 of Cr.P.C has been filed asking this Court to exercise the inherent power and petitioners are ready to pay the amount involved in the cheques, there are no reason for not accepting the said offer and quash the proceedings instead of remanding the same to the trial court. Petition allowed. - M.Cr.C. No.9113/2016 And M.Cr.C.No.10886/2016 And M.Cr.C.No.9063/2016 And M.Cr.C.No.10212/2016 And M.Cr.C.No.10221/2016 And M.Cr.C.No.10878/2016 - - - Dated:- 30-3-2022 - Hon ble Shri Justice Sanjay Dwivedi, J. For the Petitioners : Shri Sanjay Agrawal, Advocate with Shri Rahul Diwakar, Advocate and Shri Rahul Gupta For the Respondent : Shri Sanjay K.Agrawal, Advocate ORDER Heard. All the petitions raise common question of facts and law, therefore, they are being decided by this common order. However, for the sake of convenience, the facts are being derived from M.Cr.C.No.9113/2016. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MPSIDC 504238 10.12.2021 20000000 5. 550/2007 10221/2016 504339 10.12.2021 1700000 MPSIDC 6. 583/2009 10878/2016 504337 10.12.2021 1700000 MPSIDC TWO CRORES EIGHTY SEVEN LAKHS TWENTY THREE THOUSAND FIVE SIXTY TWO ONLY 2,87,23,562 (vi) The aforesaid cases filed under Section 138 of Act 1881 are still pending before the Additional Chief Judicial Magistrate, Bhopal. (3) It is urged by counsel for the petitioners that this petition has been filed for quashing the proceedings pending against the petitioners. He submits that except six complaint cases, no recovery proceedings are initiated or pending till date against M/s SPPL . However, right to initiate proceedings for recovery of the amount under the provision of State Financial Corporation Act, 1951 is available to the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n as may be found acceptable to the parties or the Court. The Supreme Court has further observed that 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. He submits that in view of the decision of the Supreme Court, this Court can close the proceedings and discharge the accused on satisfaction that the cheque amount with assessed costs and interests is paid and if there is no reason to proceed with the punitive aspect. He urged that the submissions made by counsel for the respondent asking this Court to remand the case before the trial court where the petitioner should make a request for disposal of the case is not only unjustified, but also unreasonable. (8) Perusal of record reveals that subjected cheques of ₹ 2,87,23562/-were issued by the petitioners against the loan amount of ₹ 2 crores. (9) Unquestionably, the proceedings initiated under the provisions of Act, 1881 is not the proceeding of recovery of amount of loan, but the proceeding is for gettin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 approach, prison sentence of more than one year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ork as per whims and choice of the litigants and such a litigation cannot be kept pending for long, merely because parties are some how not reached the settlement. (15) In such a circumstance, when a petition under Section 482 of Cr.P.C has been filed asking this Court to exercise the inherent power and petitioners are ready to pay the amount involved in the cheques, I do not find any reason for not accepting the said offer and quash the proceedings instead of remanding the same to the trial court. Thus, proceedings pending before the trial court under R.T.Nos.2487A/2004, 917/2004, 1046/2001, 549/2004, 550/2004 and 583/2004 are hereby quashed subject to deposit of ₹ 15,00,000/-(Rupees Fifteen Lac) towards compensation in addition to cheque amount of ₹ 2,87,23562/- before the Court below within a period of one month from today. The petitioners are liable to be discharged on account of satisfaction of legal liabilities/debt payable to MPSIDC under the cheques and accordingly all 6 complaint cases under Section 138 of Negotiable Instrument Act pending before Additional Chief Judicial Magistrate, Bhopal deserves to be quashed. (16) The petitions filed by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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