RAJESH DOGRA Vs. OM PARKASH

JUDGEMENT

(1.) These two petitions under section 561-A Cr. P. C. seek quashing of two complaints filed against the petitioner (accused) by the respondent (complainant) under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). The complaint in 561-A No. 109/2011 relates to cheque No. 181092 dated 20.12.2009 and cheque No. 181093 dated 10.01.2010, each valuing Rs. 50,000/ drawn on Andhra Bank Branch, Jammu and the complaint in 561-A No. 110/2011 relates to cheque No. 181094 dated 10.01.2010 valuing Rs. 1,00000/ drawn on Andhra Bank Branch, Jammu too. These cheques are alleged to have been dishonored by the Bank for insufficient funds in the account of the petitioner (accused).

(2.) Heard learned counsel for the parties and perused the record.

(3.) It emerges as common ground of both the sides that in regard to the said three cheques and one more a complaint dated 07.04.2010 was submitted by the respondent (complainant) to the Honb'le Chief Justice of the High Court for disciplinary action against the petitioner, who is an Advocate by profession. A copy each of this complaint is annexed as annexure-K in both these petitions. The said complaint, however, was withdrawn by the respondent by virtue of order dated 27.08.2010 passed by the Disciplinary Committee of the High Court in view of a compromise arrived at between the parties. Copies of the order passed by the Disciplinary Committee on 27.08.2010 and the statement made by the respondent (Complainant) before the Disciplinary Committee on that day have been produced as annexures "M and N" in each of these petitions. In his statement recorded by the Disciplinary Committee, the respondent has stated that he has entered into compromise with the petitioner (accused) after receiving an amount of Rs. 1,50,000/ from him and was not interested in prosecution of the complaint.