TMI Blog2020 (3) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant and not to increase the arrears of the Courts, simply for the reason that the respondent/complainant does not give his consent. The object is primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, as may be found acceptable to the parties or the Court. The present revision petition is allowed. - CRR-1221-2012 (O & M) - - - Dated:- 1-3-2020 - HON BLE MR. JUSTICE HARNARESH SINGH GILL For the Petitioner : Mr. L.S. Bhangu, Advocate For the Respondent : Mr. Ishwar Lal, Advocate ORDER Harnaresh Singh Gill, J. Challenge in the present revision petition is to the order dated 20.3.2012 passed by the learned Sub Divisional Judicial Magistrate, Rajpura, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y this Court, present petition was ordered to be listed for hearing on 27.4.2018. Learned counsel for the petitioner, without disputing the liability of the petitioner under Section 138 of the Act, submits that in compliance with the order dated 06.08.2012 passed by this Court, the petitioner has already deposited an amount of Rs.1,52,000/- i.e. the cheque amount along with interest @ 10%, before the learned trial Court. He has referred to the report dated 16.8.2017 submitted by the learned sub Divisional Judicial Magistrate, Samana in this regard. It is, thus, prayed that as the cheque amount along with interest, as directed by this Hon ble Court, stands paid, nothing survives in the present petition. It is yet further submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 summaril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of its powers under Section 143 of the Act read with Section 258 Cr.P.C. As already observed, normal rule for trial of cases under Chapter XVII of the Act is to follow the summary procedure and summons trial procedure can be followed where sentence exceeding one year may be necessary taking into account the fact that compensation under Section 357(3) Cr.P.C. with sentence of less than one year will not be adequate, having regard to the amount of cheque, conduct of the accused and other circumstances. 20. In every complaint under Section 138 of the Act, it may be desirable that the complainant gives his bank account number and if possible e-mail ID of the accused. If e-mail ID is available with the Bank where the accused has an account, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 14.07.2017, this Court asked for the report as to the compliance of the order dated 6.8.2012 passed by this Court. The report of the Judicial Magistrate, reads as under:- It is respectfully submitted that the undersigned has taken the charge of the Court on 12.5.2017, and perusal of the file shows that Hem Lata, petitioner, had deposited the cheque amount alongwith interest of Rs.1,52,500/- vide CCD No. 18 dated 16.8.2012, in compliance of order dated 6.8.2012 passed in the above noted case, by the Hon ble High Court, Chandigarh. The copy of Receipt Challan, is enclosed herewith. The petitioner deposited the amount within a period of two weeks before the trial Court. It is further submitted that the fact of deposit of cheque amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ject of the proceedings under the Act, is to secure the payment of the amount to the complainant and not to increase the arrears of the Courts, simply for the reason that the respondent/complainant does not give his consent. The object is primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, as may be found acceptable to the parties or the Court. It may be noticed that when the impugned order was passed by the learned trial Court, the matter was at very initial stage. Even now, as would appear from the interim orders passed by this Court from time to time, it transpires that there is no head way in the proceedings. Thus, in consonance with the ruling of the Hon ble Apex Court in Kanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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