VIKAS RAHEJA Vs. PARMOD KUMAR

JUDGEMENT

(1.) Petitioner is facing proceedings under Section 138 of the Negotiable Instruments Act regarding a cheque of Rs.20,000/- which was issued by the petitioner but was dishonored. In addition to the amount of cheque, the petitioner has offered a sum of Rs.5,000/- as interest and another sum of Rs. 5,000/- as additional cost by way of compensation as per the judgment of Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H., 2010 2 RCR(Cri) 851.

(2.) On notice having been issued to the complainant, counsel has put in appearance to submit that the cheque had been issued in favour of complainant by the petitioner against a bank account which was not in the name of the petitioner. In view of unnecessary harassment caused, the complainant intends to continue with the proceedings under Section 138 of the Negotiable Instruments Act. I have heard learned counsel for the petitioner and learned counsel for the respondent and considered the offer of the petitioner for compounding and the reluctance of the complainant to compound the offence.

(3.) Learned counsel for the petitioner has also brought to the notice of the Court that on receipt of notice under Section 138 of the Negotiable Instruments Act and on the first date of hearing on receipt of notice from the Court the amount of cheque was offered but the complainant opted to avoid the receipt of money with sole objective to get extra money. Counsel for the complainant stated that the complainant does not want to compound the offence and wants to prosecute the petitioner as he has been compelled to do so.