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TMI Blog2022 (8) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required. The submissions made by the applicants' 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 allegations made against the accused, is being purposely av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion-Gursahayganj, District-Kannauj as well as the entire proceedings of above mentioned complaint case now pending in the court of Judicial MagistrateKannauj. Learned counsel for the applicant submits that present criminal proceedings are not only malicious but also an abuse of process of court. According to the learned counsel for applicant, there is no legally chargeable debt against the applicant. Apart from above, the present criminal proceedings are otherwise not maintainable for non-compliance of the mandatory provisions of the N.I. Act. All the contentions raised by the applicant's counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has urged before the Court that the facts and circumstances of the case and the nature of offence involved are such in which the litigating parties should be given a chance to settle this matter amicably and for this purpose some protective direction may be given by this Court so that adequate steps may be taken in furtherance of the same object. The counsel has also placed reliance on the judgments of Apex Court given in the case of Damodar S. Prabhu Vs. Sayed Babalal H., reported in 2010(5) SCC 663 and M/s. Meters Instrument Private Ltd. Another vs. Kanchan Mehta, reported in (2018) 1 SCC 560. 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 resu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the cases which proceeded to judgment and conviction on the other, we will find that the bulk was settled and only a miniscule number continued. 18. It is quite obvious that with respect to 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 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 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. 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 (supr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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