Ghanshyam vs State Of Rajasthan And Ors

This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner-complainant for withdrawal of the Criminal Regular Case No.1533/2006 pending against the accused-respondent No.2 in the court of learned Judicial Magistrate No.1 Udaipur.

Learned counsel for the petitioner submits that the petitioner-complainant and accused-respondent No.2 have entered into a compromise in the spirit of Lok Adalat and the petitioner has received all the amount from the respondent and does not want to proceed with the matter. It is also submitted that earlier, this Court acquitted the respondent No.2 from the offence under Section 138 of the N.I. Act vide order dated 22.11.2013 subject to payment of balance amount of Rs.45,000/- towards the total amount awarded by the trial court. The complainant in pursuance of the said order dated 22.11.2013 submitted an application for withdrawal of the case before the trial court stating therein that he had received all the amount but the compromise has not been taken on record yet. The compromise arrived in between the parties dated 16.10.2015 is placed on record.

I have considered the arguments advanced by counsel for the parties and perused the order dated 22.11.2013 as well as compromise dated 16.10.2015.

Having considered the facts and circumstances of the case, since the parties have settled their dispute and complainant-petitioner has accepted the sum towards full and final settlement of dispute and in the light of provisions of Section 147 of NI Act and in view of law laid down by the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663, the proceedings pending against respondent No.2 for offence under Section 138 NI Act is liable to be set aside. However, since the compromise has been arrived at between the parties, a cost of 5% of the cheque amount deserves to be imposed upon the accused-respondent in light of the decision rendered by the Hon'ble Apex Court in the case of Damodar S. Prabhu (supra).

Accordingly, the present misc. petition is allowed and the Criminal Regular Case No.1533/2006 pending against the respondent No.2 in the court of Judicial Magistrate No.1 Udaipur is permitted to be withdrawn. However, the respondent No.2 is directed to deposit a cost of 5% of the cheque amount before the Legal Services Authority, Udaipur within a period of one month from today. In case, the cost is not deposited by the respondent before the Legal Services Authority within the stipulated period, the criminal misc. petition may be listed before this Court for passing appropriate orders.

Stay petition also stands decided accordingly.