Navneet Aggarwal and Another vs Northern India Chemical Industries

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Cr.P.C. seeking quashing impugned order dated 13.9.2008 (Annexure P6 and order dated 9.12.2008 (Annexure P7) passed by Judicial Magistrate Ist Class, Chandigarh, in complaint case titled as �M/s Northern India Chemical Industries v. M/s Punjab Power Products and Anr.�.

Petitioner had earlier filed Criminal Misc. M-21221 of 2005, which was dismissed with liberty to the petitioner to take all pleas available to him at an appropriate stage. The order is annexed as Annexure P3. Thereafter, petitioner had again made an attempt and approached this Court by filing Criminal Misc. No. M-51896 of 2007 and the following order was passed:

�The petitioner is ready to appear before the trial Court and tender the amount involved in the cheque and is ready to compound the matter on the date fixed before the trial Court i.e. 1.12.2007.

Under the circumstances, this petition is disposed of with the directions to the petitioner to appear before the trial Court on the date fixed i.e. 1.12.2007 and tender the amount of cheque, if so does, only then he will be released on bail by the trial Court to its satisfaction otherwise this application be treated as dismissed.

Now this petition has been filed by the petitioner with a prayer that he, in pursuance of order, had deposited the draft in the trial Court but the same was not accepted by the complainant.

In this petition, it has been stated that petitioner is still ready and willing to renew his offer and pay the amount of cheque of Rs. 1,90,000/- along with 9% interest from the date of issuance of cheque till payment.

Notice of motion was issued.

Mr. Hooda has stated that Kailash Chand Aggarwal, who had submitted a complaint as attorney of Dinesh Garg, has expired. Therefore, other partners of the complainant-company are to be impleaded as respondents.

Taking into consideration that twice the petitioner had not succeeded in this Court, the present petition is disposed off with the following directions:

a) The petitioner shall deposit the cheque amount of Rs.1,90,000/- along with 9% interest from the date of issuance till 1.5.2009 in the trial Court in the shape of Fixed Deposit Receipt drawn on the name of the concerned Court.

b) On deposit of the amount in the shape of Fixed Deposit Receipt, the trial Court may refer the dispute to Arbitration & Conciliation Center at Chandigarh or to Permanent Lok Adalat for settlement of dispute through alternative dispute settlement mechanism. Needless to say, the trial Court, if deem fit, may make its own endevaour

c) In case the Fixed Deposit Receipt is not deposited, the trial Court shall proceed with the trial and conclude the trial within six months.

With the observations made above, the present petition is disposed off.