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2014 (4) TMI 1195 - HC - Companies LawQuashment of criminal complaints filed under section 138 NI Act - compounding of offences - Held that:- Offence under section 138 NI Act has been made compoundable according to section 147 of NI Act, it could have been the best way of resolution of matter with or without intervention of the State Legal Services Authority. Serious matter of concern is only that huge amount of public money is at stake. As against ₹ 1475 lacs become due in 1998 to 2000, after 12 to 14 years to give an offer equivalent to that amount alone and that too in installments and in piece meal hardly can be said to be a valid offer. At the top of that Corporation is bound by laws and policies. In aforesaid petitions, Company failed to show that their offer ever accepted by the Corporation. In view of the pendency of more than 10 years of NI Act cases, State Legal Services Authority and trial court extended full opportunities and latitude to both the parties to reach at amicable solution in terms of reasonable amount against each cheque, but gap between offered amount and due amount is very high, prima facie appears to be beyond the scope of negotiation also. In present criminal cases offence under NI Act has been committed years before prior to the introduction of OTS Scheme. For offence already committed years before cannot be automatically compounded as a matter of resolution of the Scheme as a matter of right. Compliance of Scheme is sincere and utmost duty of officer of Corporation, offer of petitioner can be accepted only if that tallies with the provisions of Scheme and should be in consonance with the amount due in each and every case on the basis of amount and date of cheque and date of bounce vis-a-vis date of offer. Continuation of criminal proceedings will not be miscarriage of justice. Corporation cannot be forced to accept the offer of amount, which, according to them, is not as per the OTS Scheme of 2007. Interest of justice would be served if amount of each and every bounced cheque should be paid back to the Corporation as per agreement/as per policy observing on the line as has been given in JIK. Industries case (2012 (2) TMI 269 - SUPREME COURT OF INDIA). Relief of quashment of criminal complaints filed under section 138 NI Act cannot be granted under inherent powers of this Court, rather it is expected of the trial court that all such pending criminal cases should be disposed of expeditiously without any further delay as per law.
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