SAMI RAZA KHAN Vs. MANOJ MEHRA

JUDGEMENT

(1.) A Criminal compliant case No. 78/2012 was filed by complainant Manoj Mehra against Sami Raza Khan in the Court of Learned Additional Civil Judge (S.D.)/ Judicial Magistrate, Nainital. The said complaint was filed under Section 138 of Negotiable Instrument Act, 1881. Before the accused could be summoned by the Court below, a Misc. Application No. 1177/2012 was filed before this Court on behalf of Sami Raza Khan (accused).

(2.) Learned counsel for the parties submitted that the parties have entered into compromise and as a consequence thereof, the applicant has prepared a demand draft of Rs. 50,000/- in favour of the respondent Manoj Mehra. The demand draft No. 914953 dated 20.03.2013 issued by State Bank of India at Nainital is handed over to Mr. Amir Malik, learned counsel the respondent in the Court today.

(3.) The offence punishable under Section 138 Negotiable Instruments Act 1881 is a compoundable offence in view of section 147 of said Act. As per the law laid down by Hon'ble Apex Court in the case of O.P. Dholkia vs. State of Hariyana, 2000 1 SCC 762, and also in the case of Vinay Devanna Nayak vs. Ryot Seva Sahkari Bank Ltd., 2008 2 SCC 305, the conviction of an accused under Section 138 of Negotiable Instruments Act can be set aside by the Court at any stage of proceeding on the basis of compromise.