SANJAY MOHAPATRA Vs. TOP MOTOCOMPONENTS PVT. LTD

JUDGEMENT

(1.) Crl. M.C. 3101/2021 has been filed by the Petitioner seeking setting aside of the order dtd. 18/11/2021 passed by learned MM (NI Act), Digital Court-03, Central District, Tis Hazari Court, New Delhi, in CC No.2383/2021 titled 'Top Motocomponents Pvt Ltd through AR v. Sanjay Mohapatra, Proprietor of Sandhya Trading', whereby Petitioner's application for compounding the offence under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act') filed under Sec. 320 Cr.P.C. read with Sec. 147 of NI Act, has been dismissed. Crl. M.C. 317/2022 has been filed for quashing complaint bearing CC No.2383/2021 titled 'Top Motocomponents Pvt Ltd through AR v. Sanjay Mohapatra, Proprietor of Sandhya Trading', dtd. 16/3/2021, registered under Sec. 138 of NI Act, with all proceedings emanating therefrom.

(2.) Petitioner is a proprietor of M/s Sandhya Trading which amongst other things, deals in the trade of spare parts and accessories for twowheelers and three-wheelers. Respondent is a company also engaged in trading of spare parts and accessories for two-wheelers and three-wheelers under the trademark 'TOP'. Both the parties are engaged in numerous business dealings with each other in relation to spare parts. In the course of business transactions, Petitioner issued one cheque of Rs.5,00,000.00 against the outstanding dues towards the Respondent, bearing No.113305 dtd. 23/3/2020 at Bhubaneshwar in relation to purchase of various spare parts.

(3.) As per the case of the Respondent, when it presented the cheque for encashment on 18/6/2020, the cheque was dishonoured and the reason for dishonour was 'payment stopped by drawer'. Respondent issued a Legal Notice on 16/7/2020, which was received by the Petitioner on 1/8/2020. Respondent thereafter instituted the criminal complaint bearing CC No.2383/2021 for dishonour of the aforementioned cheque. Petitioner did not appear before the learned Magistrate on a couple of dates after receipt of summons as he was suffering from COVID-19. Subsequently, Petitioner entered appearance virtually and paid the cost of Rs.5,000.00 as also filed one P.R. Bond of Rs.50,000.00 on the same day. On 18/11/2021, Petitioner filed an application under Sec. 320 Cr.P.C. read with Sec. 147 of the NI Act for compounding the offence, as he had already paid a sum of Rs.50,000.00 to the Respondent on 1/8/2020 through NEFT/RTGS and a further sum of Rs.50,000.00 each on 17/8/2020 and 7/10/2020, respectively. The application was dismissed by the learned MM on the same day, on the ground that application seeking unilateral compounding was not maintainable at that stage.