RISHILAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order taking cognizance dtd. 13/3/2012 passed by learned Judicial Magistrate, Hazaribagh in connection with Complaint Case No.1269/2011, pending in the court of learned Judicial Magistrate, 1st Class, at Hazaribagh.

(2.) Mr. Suraj Kumar, the learned counsel appearing on behalf of the petitioner submits that the case is arising under the relevant Sec. of Negotiable Instruments Act and sec. 420 of the IPC. He further submits that now both the parties have settled their dispute and the petitioner is handing over a demand draft to the tune of Rs.2,55,000.00 in the name of the O.P.No.2 namely Jay Prakash Sao. The said demand draft has been received by Mr. Sah, the learned counsel appearing on behalf of the O.P.No.2 and he will hand over the same to the O.P.No.2. Mr. Sah, the learned counsel appearing on behalf of the O.P.No.2 submits that the demand draft is in order and he accepts the same for handing it over to the O.P.No.2. He further submits that now the compromise has been taken place and both the parties have settled the dispute.

(3.) In view of the above facts and considering the submissions of the learned counsels appearing on behalf of the parties and considering that the matter is arising out of Negotiable Instruments Act which is a summon trial which is also compoundable and both the parties have settled their dispute and the said demand draft to the tune of Rs.2,55,000.00 has been handed over in the Court to Mr. Sah, the learned counsel appearing on behalf of the O.P.No.2, in that view of the matter, the entire criminal proceeding including order taking cognizance dtd. 13/3/2012 passed by learned Judicial Magistrate, Hazaribagh in connection with Complaint Case No.1269/2011, pending in the court of learned Judicial Magistrate, 1st Class, at Hazaribagh is quashed.