RAGHUNATH SINGH PATEL Vs. CHANDRA PAL SINGH PARIHAR

JUDGEMENT

(1.) Heard on admission. This is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing of the order dated 22-5-2012 passed by Shri R.S. Kanojia, JMFC, Narsinghpur, rejecting respondent's application, under Section 257 of the Code, for withdrawal of his complaint, whereupon cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, was taken against the petitioner.

(2.) A bare perusal of the order dated 22-5-2012 would reveal that the prayer for withdrawal was rejected for the reason that the petitioner had failed to deposit 10% of the cheque amount with the Legal Services Authority as per the guidelines laid down by the Apex Court in Damodar S. Prabhu Vs. Saved Babalal H., 2010 AIR(SC) 1907

(3.) Learned Counsel for the petitioner has contended that the decision has no application to the prayer for withdrawal. However, fact of the matter is that the guidelines have been issued to curb the tendency of parties to go for compounding at late stage of proceedings and in the instant case, the withdrawal was sought for, at the stage of defence, on the ground of compromise only. In such a situation, the application for withdrawal, that was moved instead of an application for compromise, under Section 147 of the Act, with a view to circumventing the guidelines, was rightly rejected. The petition, therefore, stands dismissed in limine with liberty to file an appropriate application for compromise before the Trial Court.