Court No. - 43
Case :- APPLICATION U/S 482 No. - 28183 of 2018
Applicant :- Samarjeet Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Umeshkumar Mishra,Mithilesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Complaint Case No. 2089 of 2017 (Mohd. Islam Vs. Samarjeet), under Section 138 of N.I. Act, P.S. Civil Lines, District Aligarh, pending in the Court of A.C.J.M, Court No.9, Aligarh as well as summoning order dated 28.11.2017.
It is submitted by learned counsel for the applicant that the applicant is ready and willing to settle the dispute amicably, subject to such terms and conditions as may be mutually agreed upon and in acknowledgement thereof undertakes to ensure a deposit of 50% of the amount involved in the disputed cheque payable in the name of O.P. no.2, which shall be deposited before the court below.
The Apex Court in case of Damodar S. Prabhu vs. Sayed Babalal H., 2010 (69) ACC 811 has held that considering the nature of the proceeding, an endeavour should always be made to give an opportunity to the parties to settle a dispute under section 138 of N.I. Act as early as possible. In this connection reference may be made to the following guidelines in paragraph 15 of the said judgment:
"(i) In the circumstances, it is proposed as follows:
(a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the Court without imposing any costs on the accused.
(b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit.
(c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.
(d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount."
Learned A.G.A has no objection, if this application is disposed of by giving appropriate direction to the court concerned.
This application is disposed of with the direction that in case the applicant files an appropriate application through counsel within 4 weeks alongwith a certified copy of this order before the court including an account payee cheque / pay order / D.D, as the case be, of the 50% of the disputed amount, the court concerned shall proceed to pass appropriate orders thereon, after affording due opportunity to O.P No.2/Complainant, in accordance with law, as expeditiously as possible.
Till the disposal of the application, no coercive measure shall be taken against the applicant.
However, in the event of default, the order shall automatically cease to have any effect without further reference to the Court.
Order Date :- 24.8.2018 N.S.Rathour