VIKAS AGGARWAL Vs. TRIPURARI MANI TRIPATHI

JUDGEMENT

(1.) The petitioner had instituted a criminal complaint case (CC No.18672/2016) against the respondent (accused) alleging commission of offence punishable under section 138 of the Negotiable Instruments Act, 1881 having been committed. It appears on the basis of pre-summoning inquiry, the respondent stood summoned as accused.

(2.) During the course of proceedings that followed, the parties took the dispute to the process of mediation where they entered into a settlement on 13.03.2012, in terms of which the respondent agreed to pay the cheque amount of Rs.45 lacs to the petitioner (complainant) by 31.07.2012. The case thereafter came up before the Metropolitan Magistrate on 21.03.2012 when the report of the said settlement was placed before the court, the case having been adjourned for "part payment". It appears that the matter was adjourned on certain dates on which some payment was made by the accused, however, the settlement terms not having been fully complied with.

(3.) The respondent (accused) thereafter absented himself from the proceedings, this resulting in duress process being issued against him followed by proclamation under section 82 of the Code of Criminal Procedure, 1973 (Cr.P.C.). Upon re-appearance of the accused, on his request, by order dated 15.04.2014, the proclamation was recalled and the case taken to the stage of framing of notice (under section 251 Cr.P.C.).