ASHOK KUMAR Vs. TARSEM SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing of the complaint titled as Tarsem Singh vs. Ashok Kumar, complaint No. 126/2 dated 01.09.2006 pending in the Court of Sub Divisional Judicial Magistrate, Balachaur for offence under Section 138 of the Negotiable Instruments Act and summoning order P-2 with all the subsequent proceedings arising out of the abovesaid complaint on the basis of compromise.

(2.) THE respondent-complainant had filed a complaint dated 01.09.2008 in the Court of Sub Divisional Judicial Magistrate for prosecution of the petitioner for offence in terms of Section 138 of the Negotiable Instruments Act alleging that the cheque given by the petitioner had not been honoured by the bank. Meanwhile, the petitioner had paid the entire amount towards the bounced cheque. The respondent-claimant had accepted the same. The compromise has been effected between the parties. An affidavit of Tarsem Singh son of Durga Dass, complainant has been filed, stating therein, that he has no objection, if the said complaint is quashed. A separate statement to that effect has also bee recorded. The offence under Section 138 of the Negotiable Instruments Act is compoundable as per Section 147 of the Negotiable Instruments Act. The dispute is personal in nature.

(3.) WE need to emphasise that it is perhaps advisable, that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."