Court No. - 86
Case :- APPLICATION U/S 482 No. - 29609 of 2018 Applicant :- Shadab Alam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pulak Ganguly Counsel for Opposite Party :- G.A.,Mohammad Belal
Hon'ble Umesh Kumar,J.
Heard learned counsel for applicants, learned AGA for the State as well as Shri Mohammad Belal, learned counsel for the Opposite Party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the cognizance order dated 24.05.2017 passed by C.J.M., Hapur in Complaint Case No. 2058 of 2017 (M/S Alfaiz Export Vs. Alam Tannery Pvt. Ltd.), under Section 138 of N.I. Act, P.S. Kotwali, District Hapur as well as the order dated 04.06.2018 passed by Additional Sessions Judge, F.T.C. IInd, Hapur in Criminal Revision No. 95 of 2017 (Shadab Alam Vs. State and another).
This Court vide its order dated 18.09.2018 had referred the matter to the Mediation Centre in order to enable the parties to reach an amicable settlement. Pursuant to the said order, the applicants and the Opposite Party No.2 appeared before the Mediation Centre and the settlement agreement dated 25.03.2019 has been made between them, which has been reduced in writing and forms part of this application.
Learned counsel for the applicants has submitted that as per the settlement agreement dated 25.03.2019 made between the parties, the applicant has paid a sum of Rs.28,00,000/- to the Opposite Party No.2 in settlement of his claims and dues, which has been acknowledged by him and now, no claim or liability remains in respect of the present dispute and the parties have agreed that all cases pending before any court whether civil or criminal relating to the present dispute, shall be withdrawn by taking appropriate steps before the concerned court.
Learned counsel for the Opposite Party No.2 has also acknowledged the aforesaid settlement, pursuant to which, he has already received a sum of Rs.28,00,000/- and now, no dispute remains between them and he has no objection, if the present proceedings are quashed.
It is a case under Section 138 of Negotiable Instrument Act.There is specific provision which empowers to make the offence compoundable. Instant offence is compoundable as provided under Section 147 of Negotiable Instrument Act which reads as under:
"147 Offences to be compoundable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable."
Considering the facts and circumstances of the case, as noted herein above, as also the submissions made by the counsel for the parties and the fact that the offences under Negotiable Instrument Act have been made compoundable one and the parties have settled all their disputes before mediation centre by entering into a compromise, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.
Learned counsel for opposite party no.2 states that in pursuance of order of this Court dated 18.09.2018, Rs.2,00,000/- was deposited in the mediation centre of this Court which is to be adjusted in the amount of settlement and the same may be released in favour of the opposite party no.2. This fact has not been denied by learned counsel for the applicants.
Accordingly, the entire proceedings of Complaint Case No. 2058 of 2017 (M/S Alfaiz Export Vs. Alam Tannery Pvt. Ltd.), under Section 138 of N.I. Act, P.S. Kotwali, District Hapur as well as the order dated 04.06.2018 passed by Additional Sessions Judge, F.T.C. IInd, Hapur in Criminal Revision No. 95 of 2017 (Shadab Alam Vs. State and another) are hereby quashed.
This application under Section 482 CrPC is, accordingly, disposed of. There shall be no order as to costs.
In respect of the present case, out of Rs.10 lakh deposited at the Mediation Centre, Rs.2 lakh be paid to Opposite Party No.2.
Order Date :- 27.7.2021 MN/-