ALLIED CHEMICAL INDUSTRIES Vs. SHIVA DIES & CHEMICAL

JUDGEMENT

(1.) The petitioner has approached this Court seeking setting aside of order dated 30.4.2019 (Annexure P-4) passed by the learned Judicial Magistrate 1st Class, Ludhiana, wherein pursuant to the accused not having complied with the terms of the compromise in a criminal complaint under Section 138 of Negotiable Instruments Act and not having made the payment as undertaken, the trial Court ordered for proceedings ahead with the trial and fixed a date for cross- examination of the complainant.

(2.) Learned counsel for the petitioner while assailing the aforesaid order has submitted that once the accused had not honoured the terms of the compromise after having admitted his guilt and having agreed to pay the entire cheque amount there was no need to hold a trial and that conviction ought to be recorded on the basis of above mentioned statement made by the complainant towards compromise.

(3.) Learned counsel in this context places reliance upon a Division Bench of Delhi High Court reported as 2017(4) BC 492 Dayawati Vs. Yogesh Kumar Gosain, Delhi High Court.