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2022 (8) TMI 605 - HC - Indian LawsDishonor of Cheque - insufficient funds - seeking compounding of all the offences or withdrawal of the Complaint - section 138 of NI Act - HELD THAT:- After dishonour of cheque, when the Complaint had been filed and pending trial, the Accused had settled the entire amount. Here in this case, the Accused had settled it on the first date of hearing before the learned Judicial Magistrate. Still the Complainant prevented the Court from proceedings with compounding offence on the basis of a reported ruling which was prevented to the learned Magistrate from ordering the closure of proceeding or by dropping further proceedings. Considering the facts with the subject matter of the case during the period of Covid lock down through out India each and every citizens of the country facing financial problem. Ignoring those circumstances, he placed reliance on the decision of the Hon'ble Supreme Court in M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. VERSUS KANCHAN MEHTA [2017 (10) TMI 218 - SUPREME COURT] and had exhorting pressure on the Accused, who had already settled the dues and, who had already requested the Complainant not to proceed with lodging the Complaint under Section 138 of Negotiable Instruments Act was ignored by the Complainant. Those facts reminds the Shakespeare's Play “Shylock”. The Complainant is that on nature which cannot be entertained by the Court. It is a purely abuse of process of Court committed by the Respondent/Complainant. Therefore, in the light of the above, the rulings cited by the learned Counsel for the Respondent/Complainant is rejected. Considering the request of the Petitioner to the Complainant while furnishing the cheque to prove the bona fide, it is clearly stated that two cheques had been honoured but three cheques were requested not to be presented till arrangement of funds. Still the Respondent was hasty in presenting the cheque not heeding to the request of the Petitioner - Petition allowed.
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