KISHORE SINGH BHATI Vs. SURESH CHAND JAIN

JUDGEMENT

(1.) An undertaking/compromise has filed before this court by Shri Suresh Chand Jain S/o Shri Raran Lal Jain, Non-petitioner No. 1/complainant that a compromise has been entered into between the accused-petitioner, Kishore Singh Bhati S/o Shri Bhanwar Singh Bhati, presently confined at Central Jail, Jaipur and Non-petitioner No. 1/complainant, which has been placed on record before this Court. Mr. Suresh Chand Jain, Non-petitioner No. 1/complainant is also present in person before this Court and he has been identified by Mr. Rajesh Kumar Sharma, learned counsel for the petitioner. According to the compromise, the complainant agrees that he has received full and final amount from the accused-petitioner, therefore, he does not wish to pursue any criminal proceeding against the accused-petitioner.

(2.) The Honourable Apex Court recently in Damodar S. Prabhu Vs. Sayed Babalal H., 2010 (1) NIJ 321 (SC) : 2010 (2) RLW 1599 (SC) has observed that considering the large number of cases under Sec. 138 of the Negotiable Instruments Act, 1881, the Court should encourage on compounding of offence. The spirit of Sec. 138 of the Negotiable Instruments Act, 1881, which is not so much as to punish the accused, but is moreso to ensure that the amount owed by the accused is realised by the complainant.

(3.) In the present case, since the amount has already been realised by the complainant, the undertaking/compromise filed by Non-petitioner No. 1/Complainant, Suresh Chand Jain is taken on record.