SATWIK ELECTRIC CONTROL PVT LTD Vs. TECHNOFLOW INDUSTRIES

JUDGEMENT

(1.) THIS Criminal Writ Petition was filed by the petitioner, challenging the order of the learned Chief Judicial Magistrate, Mashie who had passed the impugned order dated 22/9/2004 in a complaint which was filed by respondent No.1 under section 138 of the Negotiable Instruments Act. A notice was issued to the respondent No.1. The respondent No.1 were served.

(2.) DURING the pendency of this petition in this Court, both the parties decided to amicably settle the matter and, accordingly, they have filed the minutes of the consent terms. They are taken on record and marked "X" for identification. In the consent terms, it is stated that they have amicably settled the entire dispute and that the petitioner has paid a sum of Rs.1,50,000.00 to respondent No.1 towards the full and final settlement of all the claims of respondent No.1 against the petitioner arising out of dishonour of two cheques. A demand draft of Rs.1,50,000.00 has been paid to the respondent No.1 and the respondent No.1, accordingly, has accepted the said demand draft by way of full and final settlement of all the claims of the respondent No.1 against the petitioner arising out of the dishonour of two cheques. Both the parties have agreed that the complaint may be quashed by this Court.

(3.) IN view of the amendment to the Negotiable Instruments Act, the cases which are filed under section 138 of the said Act are now made compoundable. However, it is not necessary to relegate the present petitioner to the Court of Magistrate as this Court also can quash the proceedings by exercising its jurisdiction under section 482 of the Criminal Procedure Code.