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TMI Blog2021 (6) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... l the above said three Criminal Petitions are filed by the petitioners to quash the proceedings in the above said Calendar Cases, mainly on the ground that they have paid the entire amount and thus, they have discharged the liability. According to the petitioners, demand made in 3 separate legal notices are amounting to Rs. 78,55,898/-. The said amount was transferred from HDFC Bank. On 24-12-2020 Rs. 20,00,000/-, on 28-12-2020 Rs. 58,00,000/- and on 30-12-2020 Rs. 55,000/- are transferred from HDFC Bank. Thus, the petitioners have discharged the total liability of Rs. 78,55,000/- by way of paying the entire amounts covered under the cheques. Therefore, according to the learned counsel for the petitioners, the Court below without considering the same, took the cognizance of offence under Section 138 of Negotiable Instruments Act against the petitioners herein. It is also contended by learned counsel for the petitioners that where the cheque amount with interest and costs, as assessed by the complainant, is paid by the petitioners herein, the Court is entitled to close the proceedings in exercise of its power under Section 143 of Negotiable Instruments Act r/w. 258 of Cr.P.C. In pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raight away by way of present petitions under Section 482 of Cr.P.C. With the said submissions, learned counsel for the 2nd respondent sought to dismiss the present Criminal Petitions. 7. On the other hand, learned counsel for the petitioners would submit that though the 2nd respondent/complainant specifically mentioned about the payment of said amounts, took cognizance of the offence and issued summons. Therefore, the same is an abuse of process of law. He would further submit that there is confusion in the demand made by the 2nd respondent in the legal notices. According to him, the 2nd respondent did not mention the cheque numbers properly in the statutory notice. Therefore, there is delay in making the payments. Petitioner No. 4 herein/Accused No. 4 is nothing to do with the cheques in dispute, which were issued by the petitioner No. 3 herein. Petitioner No. 4 is not even a joint account holder of the cheques in dispute. With the said contentions, learned counsel for the petitioners sought to quash the proceedings in all the above 3 Calendar Cases. 8. The above stated facts would reveal that the petitioners herein/A-1 to A-4 in all the above said 3 Calendar Cases have paid th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused on satisfaction that the cheque amount with assessed costs and interest is paid and if there is no reason to proceed with the punitive aspect. ii) The object of the provision being primarily compensatory, punitive element being mainly with the object of enforcing the 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. iii) 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. iv) 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 have to be passed, is to be exercised after considering the further fact that apart from the sentence of imprisonment, the Court has jurisdiction under Section 357(3) Cr.P.C. to award suita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n one year will not be adequate. Having regard to the amount of cheque, conduct of accused and other circumstances. 11. In view of the same, it is relevant to extract Section 143 of Negotiable Instruments Act. It says: Section 143 in The Negotiable Instruments Act, 1881 [143. Power of Court to try cases summarily.-- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials: Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cheques within the stipulated time or not. The petitioners herein instead of approaching the Court below by raising the grounds that are raised in the present petitions including the ground that they have paid the amount covered under the cheques, approached this Court by way of filing the present petitions under Section 482 of Cr.P.C. In view of the above said discussion, these Criminal Petitions are liable to be dismissed. However, liberty is granted to the petitioners herein to file applications under Section 143 of NI Act read with Section 258 of Cr.P.C., before the Court below. 15. In view of the above said discussion and also considering the fact that the petitioners herein have paid the amounts covered under the cheques, which was admitted by the 2nd respondent/complainant in the complaint itself, these Criminal Petitions are disposed of, granting liberty to the petitioners herein to approach the Court below i.e., the II Special Magistrate, Rajendra Nagar, Ranga Reddy District Court, by filing appropriate applications under Section 143 of Negotiable Instruments Act read with 258 of Cr.P.C., and on filing of such applications, the learned Magistrate shall consider the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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