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2017 (10) TMI 617 - HC - Indian LawsComplaint under Section 138 of the Act - entering a compromise deed - Held that:- The respondent No.2 has no right to back out from the compromise deed dated 21.08.2015 particularly when he has made a specific averment in the said compromise that he has received the cheque amount to his entire satisfaction and has further made a statement that nothing remains due between the parties and he undertakes to withdraw the complaint filed by him under Section 138 of the Act. It is on the basis of compromise deed dated 21.08.2015, the petitioner and his brother did not pursue the FIR case and by not coming forward to honour the compromise, the respondent No.2 intends to take undue benefit without there being any right whatsoever. This conduct on the part of respondent No.2 backing out from the compromise needs to be deprecated. Accordingly, in the light of the compromise deed dated 21.08.2015 (Annexure P-4) (colly), the complaint No.271 dated 09.07.2014 (Annexure P-1) filed by respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 and all consequential proceedings arising therefrom are quashed. The summoning order dated 10.07.2014 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Ludhiana, whereby the petitioner has been summoned to face trial under Section 138 of the Act in the aforesaid complaint, is set aside.
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