MOHIT AJAY MALHOTRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case is being taken up for hearing through Video Conferencing due to Covid-19 pandemic.

(2.) Prayer in the petition under Sec. 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.244 dtd. 20/8/2020, registered under Ss. 323, 406, 420, 506, 370, 384 IPC and Sec. 24, Immigration Act, 1983, at Police Station Nissing, District Karnal.

(3.) Learned counsel contends that the petitioner introduced the complainant to the main accused, Vikas Kumar Mishra and Anupam Kumar for sending his son abroadand the complainant paid, Rs.2,10,000.00 to the petitioner and Rs.2,00,000.00 to the co-accused, who sent the complainant's son to Vietnam where Vikash Kumar Mishra also reached and snatched 12500 Euros i.e. Rs.10,00,000.00from the complainant's son, total Rs.14,10,000.00, that the petitioner gave a cheque of Rs.4,00,000.00 as security to the complainant but the same bounced on presentation and in respect of which a complaint under Sec. 138, Negotiable Instruments Act, has been filed. Learned counsel contends that CRM-M-16018-2021, has been filed by the main accused, Vikas Kumar Mishra, for quashing of FIR on the basis of compromise of the matter with the complainant, factum of compromise was admitted by counsel appearing on behalf of the complainant whereupon while adjourning the matter to 12/7/2021, parties were directed to put in appearance before the learned Illaqa Magistrate/Duty Magistrate for recording of their statements in terms of the compromise. Order dtd. 9/4/2021, passed in CRM-M-16018-2021, is reproduced as below:-