AIMING HIGH INFRASTRUCTURE Vs. SHARWAN KUMAR JUNEJA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of Complaint No. 59 -2 dated 31.01.2012 as well as order dated 24.12.2013 passed by learned Sub Divisional Judicial Magistrate, Abohar on the basis of settlement dated 13.10.2014 (Annexure P -6) arrived at between the parties.

(2.) RESPONDENT No. 1 - Sharwan Kumar Juneja had filed complaint (Annexure P -1) under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and Section 420 IPC against the petitioners and one Sanjeev Gupta. The petitioners were summoned under Section 138 of the Act only. Order dated 04.12.2013 vide which petitioner No. 2 Kuldeep Nandrajog as well as Sanjeev Gupta were declared proclaimed offender has also been challenged on the ground that service thereof was never effected as per the provisions of law. The matter has been settled amicably between the parties and the entire amount due stands paid. Learned counsel for respondent No. 1 submits that accused Sanjeev Gupta has been arrayed as a party due to inadvertent mistake. He is not the Director of the company, M/s Aiming High Infrastructure petitioner No. 1. Therefore, complaint should be quashed qua said person also, who in any case, has been wrongly impleaded. Respondent No. 1 also moved an application alongwith petitioner before the Sub Divisional Judicial Magistrate, Abohar for withdrawl of the complaint but the same was not entertained on the ground that the said court has no power to recall its own order.

(3.) DUE to the intervention of respectables, elders and friends, a compromise is stated to have been arrived at between the parties on 13.10.2014. The parties wish to live in peace and harmony and put an end to the acrimony between them. The present petition has been filed on the basis of this compromise.