RISHI VENTURES Vs. JAYESS STEELS A PARTNERSHIP CONCERN

JUDGEMENT

(1.) Private complaint under Sec. 200 of Cr.P.C. was filed by the petitioner-complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. In the said proceedings, the complainant and the accused arrived at the settlement and in terms of the settlement arrived between the parties, the learned Lokadalat passed an order dtd. 14/1/2016, accepting the compromise petition. As per the terms of the compromise, the accused was required to pay a sum of Rs.8,50,000.00 towards full and final settlement.

(2.) The accused in terms of the settlement, paid a sum of Rs.2,40,000.00 and having defaulted in making the payment of the balance amount, the complainant filed an application for issuing fine levy warrant. The accused challenged the order of issuing fine levying warrant before the learned Sessions Judge. The learned Sessions Judge, dismissed the revision petition filed by the accused confirming the issuance of fine levying warrant against the accused.

(3.) Thereafter, the complainant submitted an application before the learned Magistrate requesting to permit him to continue the case against the accused in terms of the Clause 2 (c) of the joint memo, wherein, the parties had agreed, in the event of accused failing to comply with the terms and conditions, liberty was reserved with the complainant to continue with the case without prejudice to the payment made by the accused.