Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2023 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 531 - HC - Indian LawsDishonour of Cheque - compounding of offences - instant complaint has been filed at a time when no cause of action was available to the opposite party - HELD THAT:- The petitioner no. 1 company is ready to pay to the opposite party the amount of the cheque dishonoured, (in respect whereof the present proceeding has been initiated) by the said demand draft. The impugned proceeding is a gross abuse of the process of court which if allowed to continue for a single day more beyond the stage it has already reached, will degenerate itself into a weapon of harassment and persecution and as such the same is liable to be quashed for the ends of justice - That it is expedient in the interest of justice, to uphold the dignity of law that the impugned proceeding is quashed. Vide order dated 07.12.2018 the Learned Magistrate was pleased to take cognizance and issue process against the /accused petitioners. Considering all the materials on record, it is before this court that a deed of settlement between the parties, regarding all their dues has been filed before the NCLT - the matter therein has been withdrawn in accordance with the three settlement agreements with liberty to file appropriate applications for revival of the company petition at stage at which it was left of in case there is default. In the present case, the opposite party/complainant has not appeared in spite of due service. The order dated 18.06.2019 passed by the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas, in Case No. C 5223 of 2018 is set aside, not being in accordance with law and the matter is remitted to the Learned Magistrate to dispose of the case in view of the settlement between the parties, by ensuring the presence of both sides, in the interest of Justice within one month from the date of communication of this order - Application disposed off.
|