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TMI Blog2025 (5) TMI 1617X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies incorporated under the Companies Act. Accused No. 2/Sh. Pawan Kumar Jaia & Accused No. 3/Mrs. Prabhakiran Jain are stated to be Directors of Accused No. 1 Company and in charge of its day-to-day affairs. 3. The Accused persons approached the Complainant for grant of loan of Rs. 12,00,000/-, which was granted through three Cheques bearing No. 512514 dated 04.03.2004 for Rs.6,00,000/-, 512516 & 512517dated 11.03.2004 each for Rs. 3,00,000/-. The cheques were encashed and money was deposited in Account no. 689 of the Accused No.1 Company. The Accused promised refund within 6 months and on failure to do the same, undertook to create mortgage in respect of industrial property bearing No. 46, Block-B, Sector-5, Noida, which was regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heque, is respect of which, present Complaint has been filed, was not in discharge of any legal liability and thus, is not maintainable. Reliance has been placed on Lalit Kumar Sharma vs. State of U.P., (2008) 5 SCC 638. 10. It is submitted by the learned counsel for the Petitioner that continuance of these proceedings in nothing but an abuse of process of law and leads to legal anomaly, where all three Complaints, two in relation to the cheques issued in the original and third in respect of the Cheque issued pursuant to the settlement in regard to first two Cheques, for which separate Complaints are already pending. If there was conviction in all three Cases, then same would amount to double jeopardy as there is only one legally enforceab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a compromise agreement.... with open eyes and undertakes the risk of the accused failing to honour the cheques issued pursuant to the settlement, based on certain benefits that the settlement agreement postulates. Once parties have voluntarily entered into such an agreement and agree to abide by the consequences of non-compliance of the settlement agreement, they cannot be allowed to reverse the effects of the agreement by pursuing both the original complaint and the subsequent complaint arising from such non- compliance. The settlement agreement subsumes the original complaint." 15. The consequences of non-compliance of the Settlement was considered extensively in Dayawati vs. Yogesh Kumar Gosain, (2017) 243 DLT 117, which gives the answe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.09.2022, held as under: "the judgment of Dayawati (supra) wherein it says after the mediation settlement the entire amount, be it outstanding in some other Court can be realised by the Court which has accepted the settlement and it may proceed for recovery under Section 431/421 Cr.P.C". 18. This court has decided similar issue in the cases of Anil Jain vs. State (NCT of Delhi) in Crl.M.C. 3892/2022 decided on 09.08.2024, Manohar Lal vs The State (Govt. of NCT of Delhi) in Crl. M.C. 2931/2018 decided on 03.02.2025, and recently in Devi Sharan Tyagi vs Raju Malhotra, Crl.A. 386/2025 decided 30.04.2025. 19. In the case of Lalit Kumar Sharma (supra), identical facts as in hand, were involved. The subsequent cheque of Rs. 3,50,000/- was is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be received in respect of the two Cheques, was duly acted upon and the Complainant has already received Rs. 13,00,000/- leaving a balance of Rs. 3,50,000/- in respect of which the issued Cheque got dishonoured. If all the three Complaints are allowed to continue, it would actually tantamount to being tried for the same offence twice. In the light of the case of Dayawati (supra), actually the two Complaints got subsumed into the Settlement which was acted upon. The option with the Complainant is to either seek Execution under Section 431 read with Section 421 Cr.P.C. or to initiate the proceedings under Section 2(b) Contempt of Courts Act, 1971. There could not have been any subsequent trial on the Complaint in which the parties had arrive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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