TMI Blog2022 (8) TMI 818X X X X Extracts X X X X X X X X Extracts X X X X ..... dance with law against the accused and take all necessary steps and measures to procure their attendance as the law permits - Application disposed off. - APPLICATION U/S 482 No. - 23279 of 2022 - - - Dated:- 4-8-2022 - Hon'ble Shree Prakash Singh , J. For the Applicant : Rajeev Kumar Singh Parmar For the Opposite Party : G. A. ORDER Heard learned counsel for the applicant and learned AGA for the State. Instant application U/S 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint No. 737 of 2020 as well as summoning order dated 10.12.2020, under Section 138 Negotiable Instrument Act (N.I. Act), P.S. Gursarai, District Jhansi pending before the Judicial Magistrate/Civil Judge (Junior Divisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t's interest lies primarily in recovering the money rather than seeing the drawer of the cheque in jail. The threat of jail is only a mode to ensure recovery. As against the accused who is willing to undergo a jail term, there is little available as remedy for the holder of the cheque. If we were to examine the number of complaints filed which were `compromised' or `settled' before the final judgment on one side and the cases which proceeded to judgment and conviction on the other, we will find that the bulk was settled and only a miniscule number continued. 18. It is quite obvious that with respect to the offence of dishonour of cheques, it is the compensatory aspect of the remedy which should be given priority over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a valid defence such as a mistake, forgery or coercion among other grounds, then the matter can be litigated through the specified forums. In view of the aforesaid, the submission made by the counsel is well founded. It is thus directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence, through compromise. On such application being moved the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. Thereafter, the court shall pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
