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Judgment
Anoop Chitkara, J
Criminal Complaint
No. NACT/767/2019 dated 13.08.2019 titled as “Raman Khanna vs. M/s Hayr Multi Brand Car Services Pvt. LTd. and others”, under Section 138/141 of the Negotiable Instruments Act , District Mohali,
The petitioner’s main ground for quashing of the complaint is that once the matter had been compromised as such given the judicial prononcement by the Hon’ble Supreme Court of India in M/s Gimpax Private Limited vs. Manoj Goel, further proceedings cannot continue.
In the said judgment the Hon’ble Supreme Court holds as under:-
“…Once a settlement agreement has been entered into between the parties, the parties are bound by the terms of the agreement and any violation of the same may result in consequential action in civil and criminal law.”
In the present case, cheques depicted the dates subsequent to the failure of the compromise, thus, the cheques in question did not pertain to the period when the parties had entered into compromise settling the matter. In fact, the cheques had the date post compromise and there is no reference in such compromise that there were signed cheques wihthout any date which had been handed over by the accused to the complainant. Thus, the present petition is not covered by the ratio of judgment passed by the Hon’ble Supreme Court of India in M/s Gimpax Private Limited (Supra), no other ground exists for quashing/disrupting criminal proceedings and interfering at this stage.
Consequently, the present petition is dismissed. All pending applications, if any, stand closed.
Trial be expedited. It is clarified that the petitioner shall not seek any adjournment and regularly attend the trial.