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TMI Blog2020 (9) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... , under Section 138 of the N.I. Act, Police Station Civil Lines, District Moradabad, pending in the Court of Additional Court, Moradabad. 3. All the contentions raised by the learned counsel for the applicant relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. 4. The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or where prosecution is legally barred or where criminal proceeding is malicious and mala fide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lai's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked. 7. Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case. 8. The submissions made by the applicant's counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Court given in the case of Damodar S. Prabhu Vs. Sayed Babalal H., 2010 (5) SCC 663 in this regard. Submission is that the Apex Court decision has taken cognizance of the heavy pendency of the cases in the courts which may result ultimately in the chocking of criminal justice system. It has been urged that with the laudable object of providing the rival parties, who have hitherto locked their horns in litigation, an opportunity to arrive at a mutually agreeable settlement and put an end to the escalating litigations, the compounding of the offence has not only been encouraged but in order to given incentive to do so at the earliest stage, certain directions have also been issued by the Hon'ble Supreme Court. 11. I have considered the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the remedy which should be given priority over the punitive aspect. There is also some support for the apprehensions raised by the learned Attorney General that a majority of cheque bounce cases are indeed being compromised or settled by way of compounding, albeit during the later stages of litigation thereby contributing to undue delay in justice delivery. The problem herein is with the tendency of litigants to belatedly choose compounding as a means to resolve their dispute..................... 19. As mentioned earlier, the learned Attorney General's submission is that in the absence of statutory guidance, parties are choosing compounding as a method of last resort instead of opting for it as soon as the Magistrates take cognizanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of four months from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a period of five months from today. If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits. 14. In the aforesaid period of five months or till the decision given in the light of the application, whichever is earlier, no co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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