SHIYAS, K.B. Vs. MANOJ PAUL AND ANOTHER

JUDGEMENT

(1.) The prayers in the above Original Petitions (Criminal) filed by the 1st respondent in the above I. As. under the enabling provisions contained in Article 227 of the Constitution of India are for directions to the competent Judicial Magistrate concerned to keep in abeyance all further proceedings in respect of the four private criminal complaints concerned in these cases for the offences punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) During the pendency of the above Original Petitions, at the request of the parties they were referred for settling the disputes through the Kerala State Mediation and Conciliation Centre, attached to this Court. The 1st respondent in the above I.As. had instituted some First Information Statements before the Police authorities concerned alleging certain offences against the applicants in the I.As. and some crimes were thus registered against the respondents in the O.Ps. (Crl.)/applicants in the present I. As. on the basis of such proceedings set in motion by the 1st respondent in the I. As. During the course of mediation proceedings, both sides agreed to settle the disputes whereby as against the total amount of Rs. 50,10,000 covered in respect of the four impugned complaints for the offence under Sec. 138 of the Negotiable Instruments Act, the 1st respondent in the I. As./petitioner in the O.Ps./accused in the complaints had agreed to pay a total sum of Rs. 45 lakhs to the respondents in the O.Ps./applicants in the present I.As. (complainants) in full and final settlement of the amounts due in those transactions. The 1st respondent in the I.As. had also agreed to withdraw the complaints lodged by him against the above complainants, etc. It was agreed that the above said amount of Rs. 45 lakhs will be paid within three months, i.e., on or before 31-8-2017 without fail and that if the amounts are not paid, the complainants are at liberty to execute the agreement and get the amount of Rs. 45 lakhs with interest @ 12% per annum till the date of realisation and the parties further agreed that no further deprecation exists between them in this regard and no further claim shall be lodged. The abovesaid mediation agreement dated 29-5-2017 was made available by the Mediation Centre for the perusal of this Court and both sides submitted that this Court may record the mediation agreement and may pass necessary orders in the light of the mediation agreement, so as to quash the criminal proceedings impugned in these O.Ps. and also granting liberty to the complainants to initiate appropriate proceedings for quashment of the crimes registered against them at the behest of the accused in the above complaints. It was also agreed to by the learned counsel appearing for the accused that in the event of the complainants filing a petition for quashment of the above-referred crimes, then he would support the prayer for quashment in the light of the mediation agreement, etc. Thus, with the consent of both sides and in the light of the abovesaid mediation agreement dated 29-5-2017, this Court had passed a common judgment dated 2-6-2017 finally disposing of the above Original Petitions (Criminal) with the following directions:

(3.) Now, it is not in dispute that the accused has not paid any amounts to the complainants in pursuance of the abovesaid mediation agreement and no amounts whatsoever have been paid in that regard even till date. In the light of the subsequent aspects, the complainants have filed I.A. Nos. 533, 535, 534 & 193 of 2018 respectively in O.P. (Crl.) Nos. 168, 219, 218 and 220 of 2017, praying for directions from this Court to direct the 1st respondent in the I.As. to abide by the terms of the settlement and to pay the agreed amount of Rs. 45 lakhs to the respective complainants involved in these cases in the interest of justice. The complainants have also filed the afore captioned I.A. Nos. 564, 562, 565 and 563 of 2018 in the abovesaid four Original Petitions, praying to recall the impugned judgment dated 2-6-2017 rendered in these Original Petitions on the ground that the same has been vitiated by fraud at the instance of the petitioner in the O.Ps. In that regard the main contention of the applicants in those I.As. is to the effect that the accused had solemnly and voluntarily agreed before the Mediation Centre of this Court as well as before this Court that he would pay Rs. 45 lakhs to the respective complainants in these complaints and that even till date he has not even paid a single paise on that account and that therefore, it clearly shows that the accused had made false assurances before the Mediation Centre and before this Court knowing fully well that he will not be able to honour those mediation agreements to pay off the due amounts to the complainants and that therefore, the said mediation agreement and consequently, the judgments passed by this Court on the basis of such agreements are clearly vitiated by fraud and misrepresentation at the behest of the accused in these cases.