SUBHASH KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.

(2.) PETITIONER has filed this writ application, being aggrieved by the order dated 17.6.2011 passed by Sri Akhilesh Kumar, learned Judicial Magistrate, 1st class, Dhanbad, in complaint case no. 1578 of 2008, whereby, the prayer made by the complainant petitioner to withdraw the complaint case was rejected by the Court below, stating that the warrants had already been issued against the accused but the accused had not appeared and the withdrawal of the complaint would amount to acquittal of the accused at this stage.

(3.) AFTER having heard the learned counsels for both the sides, I see no reason as to why an application of the complainant for withdrawing the complaint case was rejected by the Court below. Section 257 of the Cr.P.C. clearly prescribes that the complaint may be withdrawn by the complainant at any time before the final order is passed in the complaint case, giving sufficient grounds for withdrawing the complaint. The case relates to offence under Section 138 of the N.I. Act, which is a compoundable offence under Section 147 of the N.I Act and in view of the fact that the case was compromised by the parties, there was sufficient ground for withdrawing the complaint. It is also apparent from the impugned order that the accused had not appeared in the Court below, pursuant to the processes issued by the Court. In that view of the matter, I am of the considered view that there was no occasion for rejecting the application filed by the complainant to withdraw the application.