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Judgment
A.S. Naidu, J.—Heard Learned Counsel for the Petitioners and Learned Counsel for the opposite party. The order dated 25-9-1996 passed by the S.D.J.M. (S), Cuttack in ICC No. 187 of 1996 taking cognizance of offence u/s 138 of N.LAct alleged against the Petitioner is impugned in this case. Learned Counsel for the Petitioners forcefully submitted that in the meanwhile the Petitioner has paid the entire amount covered by the cheque which bounced and in such circumstances the criminal proceeding against the Petitioners may be dropped. This contention of the Learned Counsel for the Petitioners is vehemently countenanced by the Learned Counsel for the opposite party relying upon the decision of the SC in the case of Rajneesh Aggarwal Vs. Amit J. Bhalla, .
Law is no more res integra that so far as a criminal case is concerned, once an offence is committed, the accused thereafter will not be absolved of his criminal liability. The SC has also held that by no stretch of imagination a criminal proceeding should be quashed. In view of the pronouncement of the SC as stated above, I decline to interfere in the matter and dismiss the Criminal Misc. Case. Learned Counsel for the Petitioner however submits that the offence u/s 138 Negotiable Instruments Act is compoundable. In view of such provision, I direct that in the event the parties concerned file a petition before the Court below for permission to compound the case, it will be open to the Court below to dispose of the said petition in accordance with law, failing which the case shall be decided on merits.
The LCR be sent back immediately.