DASHRATH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application is directed against the order dated 11.8.2011 passed in Complaint Case No. 518 of 2011 (T.R. No. 942 of 2012) whereby and whereunder cognizance of the offence punishable under Section 138 of Negotiable Instruments Act has been taken against the petitioner. Learned counsel appearing for the petitioner submits that on the allegation that a cheque of Rs. 3.00 lakhs given to the complainant got dishonored, a complaint was filed for commission of the offence under Section 138 of the N.I. Act. When the petitioner did appear, an application was filed that the petitioner is ready to compound the offence by offering to pay a sum of Rs. 3.00 lakhs and in addition thereto, an amount of Rs. 40,000/-, was also offered. That application was pressed, thereupon the parties asked some time from the Court and they went out of the court. Counsel for the Opposite Party No. 2 did accept the proposal in presence of the complaint. But when parties came inside the Court, the complainant backed out from his acceptance of the proposal and that has given cause of action for filing this application.

(2.) It has been further submitted by the learned counsel for the petitioner that it has been concerned of the Hon'ble Supreme Court to get the cases registered under Section 138 of the N.I. Act, disposed of at the earliest and in that pursuit compromise be encouraged. It was pointed out that the Hon'ble Supreme Court has even laid down certain guidelines in the case of Damodar S. Prabhu vs. Sayed Babalal H., 2010 5 SCC 663, making imperative on the part of the accused persons to offer for compromise at the very first instance and, therefore, keeping in view that guidelines offer was made, which was initially accepted but later on backed out from it any continuation of any proceedings of the instances of the complainant would amount abuse of the process of the Court.

(3.) As against this, Mr. A.K. Sahani, learned counsel appearing for the complainant, submits that at the very initial stage when the complainant wanted to have here compromise in the matter, the petitioner never came forward to have a compromise in the matter rather after putting appearance an application was filed after nine months and then, offer was made which was not acceptable and, therefore, the complainant declined to go for compromise.