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2019 (8) TMI 944 - HC - Indian LawsDishonor of Cheque - appropriate forum for recovery of money - failure to make the payment of the requisite amounts pursuant to notices on demands that had been issued by the said parties in the wake of return of cheques by the bank upon presentation - compounding of offences - HELD THAT:- The court of Metropolitan Magistrate is not a forum for recovery of money. It is a criminal court which is called upon to adjudicate on the complaint alleging offence under section 138 of the Negotiable Instruments Act, 1881. Undoubtedly, the said offence is compoundable. No doubt, if the parties are so inclined the court encourages settlement of dispute in such matters. But then, the court cannot be used by either side to protract and prolong the proceedings as if it were executing the settlement that may have been arrived at outside the court without the proceedings in the complaint case having been brought to an end. Since the respondents have failed to abide by the terms of the settlement, they cannot derive any benefit of the settlement agreement. In these circumstances, it is the obligation of the petitioner to prosecute the complaint cases further in accordance with law. The view taken by the Metropolitan Magistrate that the cases have to be brought to trial, thus, cannot be faulted. Petition dismissed.
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