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TMI Blog2021 (5) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... for quashing the proceedings because the parties have compromised the matter. 2. Learned counsel for the parties, state that the matter stands compromised between the parties and thus the complaint and all consequent proceedings be quashed. REASONING: 3. A perusal of the petition reveals that the accused has met all the liability as detailed in the petition. The complainant had put in appearance and on 23.4.2021, made a statement on oath that he had received the full and final payment and prays for closure of the complaint/case. The said statement forms part of the record. 4. The jurisprudence behind the N.I. Act is that the business transactions are honored. The legislative intention is not to send the people to suffer incarceration b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, shall be deposited in the Trial Court within two weeks from date and upon such deposit being made, the Appellant will be at liberty to withdraw the same by way of compensation, together with the amounts already deposited, if not already withdrawn. In default of such deposit, the Appellant shall undergo one month's simple imprisonment. 6. The Hon'ble Supreme Court in Meters and Instruments Private Limited and another v. Kanchan Mehta, (2018) 1 SCC 560 holds, [18]. From the above discussion following aspects emerge: [18.1]. Offence under Section 138 of the Act is primarily a civil wrong. Burden of proof is on accused in view presumption under Section 139 but the standard of such proof is "preponderance of probabilities". The s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d suitable compensation with default sentence under Section 64 I.P.C. and with further powers of recovery under Section 431 Cr.P.C. With this approach, prison sentence of more than one year may not be required in all cases. [18.5]. Since evidence of the complaint can be given on affidavit, subject to the Court summoning the person giving affidavit and examining him and the bank's slip being prima facie evidence of the dishonor of cheque, it is unnecessary for the Magistrate to record any further preliminary evidence. Such affidavit evidence can be read as evidence at all stages of trial or other proceedings. The manner of examination of the person giving affidavit can be as per Section 264 Cr.P.C. The scheme is to follow summary proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0. In Shakuntala Sawhney v Kaushalya Sawhney, (1979) 3 SCR 639, at p. 642, Hon'ble Supreme Court observed that the finest hour of Justice arise propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship or reunion. 11. Consequently, given the compounding of offences, the proceedings are quashed. Accordingly, the petitioner is acquitted of the offence under Section 138 of the Act. 12. The amount of cheque in question was Rs. Thirty lacs and the trial was pending before the Trial Court i.e., Ld. Additional Chief Judicial Magistrate, Court No. 1, Ghumarwin District Bilaspur, H.P. As such the accused No. 1, (Mythri Projects) is to pay compensation at the rate of 5%, which comes out to be Rs. 1,50,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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