RANI GAUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Abhitab Kumar Tiwari, learned counsel for the revisionist, Sri O.P. Mishra, learned AGA for the State and Smt. Archana Tyagi, learned counsel for respondents.

(2.) By means of this criminal revision, the revisionist has challenged an order dtd. 23/3/2023 passed by Session Judge, Meerut in criminal revision no. 205 of 2023 (Vishwakarma Builders and Others vs. State of U.P. and Another) whereby the learned revisional court set aside the order dtd. 24/2/2023 passed by Additional Special Court no. 2, Meerut in criminal complaint case no. 1577 of 2009 (Rani Gaur vs. Vishwakarma Builders and Others) under Sec. 138 of the Negotiable Instrument Act, Police Station Partapur, District Meerut.

(3.) Relevant facts are as below:- The instant revisionist filed a complaint on 11/8/2009 under Sec. 138 of the Negotiable Instrument Act, which is pending before the trial court; during the course of proceedings the accused filed a demand draft of Rs.11.00 lakhs and made a prayer before the trial court to direct the revisionist/complainant to compound the case; the revisionist objected to compounding saying that she is not ready to settle the matter for Rs.11.00 lakhs after lapse of 13 years; the learned Magistrate rejected the application of the accused on the ground that the complainant cannot be compelled to compound the matter; the accused challenged the aforesaid order by filing a revision; the revision came to be decided by the learned revisional court whereby the impugned order was set aside and the trial court was directed to pass an appropriate order as per the law laid down by the Apex Court in M/s Meters and Instruments Private Limited and Another vs. Kanchan Mehta: AIR 2017 Supreme Court 4594.