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Judgment
Daya Chaudhary, J.
Crl. Misc. No. 15754 of 2011
Application is allowed as prayed for.
Crl. Misc. No. 15755 of 2011
This is an application for grant of permission to place on record compromise i.e. Annexure P-5.
Application is allowed and compromise (Annexure P-5) is taken on record.
Crl. Misc. No. M-5411 of 2011
The present petition under has been filed for quashing of complaint No. 185 dated 26.11.2010 filed by the Respondent u/s 138 of the Negotiable Instruments Act read with Section 420 IPC pending in the Court of Sub Divisional Judicial Magistrate, Malerkotla as well as summoning order dated 3.12.2010 and all subsequent proceedings arising therefrom.
Learned Counsel for the Petitioners contends that now the matter has been compromised between the parties and the compromise/Memorandum of Understanding, which has been effected between the parties, during the pendency of this petition, has been placed on record as Annexure P-5. Learned Counsel further contends that as per compromise, against the total amount of Rs. four crores and fifty five lacs, Rs. one crore vide bank drafts No. 247305 for Rs. 65,00,000/-and 247304 for Rs. 35,00,000/-dated 12.3.2011 drawn from Vijaya Bank, Chandigarh has been paid and regarding balance amount of Rs. 3,55,00,000/-(`three crores and fifty five lacs) a post dated cheque No. 126167 dated 15.5.2011, Vijaya Bank, Delhi Cantt, New Delhi have been handed over to the counsel for the complainant. Photo state copies of the drafts as well as post dated cheque have been submitted in the Court and the same are taken on record.
Learned senior counsel for the Respondent has acknowledged the factum of compromise as well as receipt of drafts and post dated cheque. Complainant-Rajeev Mahajan is also present in the Court, who has also acknowledged the receipt of the drafts as well as post dated cheque and stated that he has no objection in quashing of the complaint as well as summoning order.
In view of the fact that the amount in dispute has been paid to the complainant, which has duly been received by him and now he does not want to pursue the proceedings pending before the trial Court and he has no objection with regarding to quashing of complaint as well as summoning order, the present petition is allowed and complaint No. 185 dated 26.11.2010 filed by the Respondent u/s 138 of the Negotiable Instruments Act read with Section 420 IPC pending in the Court of Sub Divisional Judicial Magistrate, Malerkotla as well as summoning order dated 3.12.2010 and all subsequent proceedings arising therefrom are quashed.