TMI Blog2018 (12) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... he ends of justice or/and to prevent abuse of the process of any Court. Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc. 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. Since, the petitioner has 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 suffere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken up, learned counsel for the respondent states that the matter stands amicably settled with the petitioner whereby not only the cheque amount but the entire outstanding loan amount stands paid by the petitioner to him and there is nothing due and recoverable from the petitioner. Since, the petitioner not only deposited the entire cheque amount but has also liquidated the entire loan amount, therefore, it would be in the interest of justice that the matter be given quietus in terms of the judgments rendered by the Hon ble Supreme Court. 4. However, the moot question is whether a compromise, at this stage, can be permitted to be effected between the parties where the petitioner has been charged under Section 138 of the Act. This court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is noncompoundable. (iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482 , the High Court must evaluate whether the ends of justice would justify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute; (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to appropriate compensation as may be found acceptable to the parties or the Court. 18.3. Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. 18.4. Procedure for trial of cases under Chapter XVII of the Act has normally to be summary. The discretion of the Magistrate under second proviso to Section 143 , to hold that it was undesirable to try the case summarily as sentence of more than one year may ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) through LRs, Criminal Appeal Nos. 808 and 809 of 2018 decided on 02.07.2018 and in terms of the subsequent judgment in N.P. Murugesan versus C. Krishnamurthy, Criminal Appeal No.818 of 2018, decided on 04.07.2018, wherein it was observed as under:- Leave granted. 2 . The appellant is before this Court aggrieved by the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881. 3. Today, when the matter came up before this Court, we are informed that the cheque amount has already been paid and it is acknowledged by the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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