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2018 (11) TMI 499 - HC - Indian LawsDishonor of Cheque - Section 138 of the Negotiable Instruments Act - case of petitioner is that Since the petitioner has deposited the entire compensation amount of ₹ 4,25,000/- therefore, the matter can be given quietus - Conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 - Held that:- This Court after being satisfied that the cheque amount with the assessed cost and interest has been paid, can close the proceedings even in absence of the complainant. The issue is no longer res integra in view of the very recent judgment of the Hon’ble Supreme Court in Bhangu Trading Co. and another versus Surjit Singh (dead) [2018 (8) TMI 1345 - SUPREME COURT OF INDIA], where it was held that Since the parties have settled the disputes, to do complete justice, the disputes should be given a quietus, subject to appropriate terms. Since, the petitioner has already paid the entire compensation amount, therefore, quashing of the complaint initiated at the instance of complainant/respondent would be a step towards securing the ends of justice and to prevent abuse of process of the Court, especially, when the petitioner is facing pangs and suffered agony of protracted trial and thereafter appeal/revision for the last more than three years and has deposited the entire compensation amount of ₹ 4,25,000/- - it is ordered that the impugned substantive sentence of simple imprisonment imposed in this case shall stand modified and substituted in lieu of the amount of compensation of ₹ 4,25,000/- that stands already deposited/paid by the petitioner. Petition disposed off.
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