RAJNISH KUMAR AGARWAL S/O SRI G.D. AGARWAL PROPRIETOR AGARWAL COMPUTERS AND AGARWAL COMPUTERS THROUGH ITS PROPRIETOR RAJNISH KUMAR AGARWAL Vs. SRI MAHENDRA PAL SINGH PARTNER SANT SALES

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 13 of 2009; Mahendra Pal Singh v. Rajnish Kumar Agarwal, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, pending in the court of IV Addl. Civil Judge (Junior Division)/Judicial Magistrate, Haridwar. The Petitioner has further challenged the order dated 19.04.2011, passed by Sessions Judge, Haridwar, in Criminal Revision No. 221 of 2011, whereby the order dated 01.03.2011, passed by the trial court, is affirmed.

(3.) ADMITTEDLY , the complainant has not agreed to the compromise offered by the accused, as such, the trial court had no option but to reject the application of compounding. It is for the complainant to agree for compromise with the accused. The trial court or the revisional court could not have compelled the complainant to compromise in terms offered by the accused.