KIRPAL SINGH Vs. SURINDER SINGH JASWAL

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 Cr.P.C. for quashing of the criminal complaint filed against him under Section 138 of the Negotiable Instruments Act and all subsequent and consequential proceedings arising therefrom. The plea is that the petitioner is ready and willing to pay double the amount of the cheque plus interest and costs of litigation whatever is assessed by the Court.

(2.) As per the averments made in the petition, respondent had filed a complaint against the petitioner alleging that he took a friendly loan of Rs. 10,000/- from him in March, 2006 and promised to return the same within two months. The petitioner-accused, however, failed to make the payment within the stipulated period, but he however, issued cheque on 20.5.2006 to discharge the liability. The respondent presented this cheque for encashment, but the same was returned because of Rs. insufficient funds'. After serving a statutory notice and when the petitioner failed to discharge the liability, the respondent filed the complaint.

(3.) This complaint was filed in the year 2006. Money was allegedly paid in the year 2006. The petitioner was summoned on 17.8.2006. The trial thereafter has continued. The petitioner has allowed the case to continue for all this while. He apparently made no efforts to settle this dispute relating to Rs. 10,000/-, which is hardly any amount. He had all the opportunity to make the present offer during the course of trial, which, he chose not to do. The trial court on the basis of evidence has convicted the petitioner for an offence under Section 138 of the Negotiable Instruments Act and has sentenced him to suffer RI for six months coupled with fine of Rs. 1,000/-. Perhaps the gravity of the consequences has now dawned on the petitioner where he is sentenced for just not paying Rs. 10,000/-. The order of conviction and sentence is dated 9.1.2010. Against this judgment, the petitioner has filed an appeal which is pending before the Court of Sessions, Jalandhar. The petitioner states that he has deposited the fine.