Suman Arora vs Sundeep Kumra

R.K. Gauba, J

On the criminal complaint (CC no. 10382/2016) of the respondent, the petitioner was brought to trial in the court of Metropolitan Magistrate, she

having been found guilty and convicted for the offence under Section 138, Negotiable Instruments Act, 1881, by judgment dated 17.11.2018. The trial

Magistrate, by her order dated 12.12.2018, awarded simple imprisonment for six months with fine of Rs. 24 lakhs which was to be paid as

compensation to the complainant (respondent).

The petitioner assailed the above-said judgment and order on sentence by Crl. Appeal no. 10/2019, which was dismissed by the additional sessions

Judge, by order dated 19.01.2019.

It is stated that the petitioner thereafter approached the complainant and persuaded him to settle the dispute amicably in terms of which she paid to

him a total amount of Rs. 18 lakhs, out of which Rs. 16 lakhs was paid through banking channel and the balance in cash, receipt of said amounts

having been confirmed by the respondent (complainant) on 28.01.2019 before the trial court, this formally recorded in the proceedings of the said

court.

Based on the above-mentioned settlement, the present petition was filed invoking the inherent power and jurisdiction of this Court under Section 482

of the Code of Criminal Procedure, 1973 (Cr.P.C.) for the consequences flowing from the judgment of the criminal case to be brought to an end and

the case to be treated as amicably settled and disposed of.

The respondent, on notice, has entered appearance. Pursuant to directions in the last order, he filed an affidavit sworn on 28.06.2019 in which he

confirmed that he had settled the matter “out of Court†and have received full and final payment as per the settlement and that he had no

objection if the proceedings in the criminal case brought to an end. Since the affidavit dated 28.06.2019 would not reveal the amount of money paid or

received, the respondent was called upon to file another affidavit clearly stating the facts. He has sworn another affidavit today, which has been

presented at the hearing, the same confirming that the payment made to him by the petitioner is in the total sum of Rs. 18 lakhs towards full and final

settlement of the settlement amount and nothing remains pending.

Having regard to the fact that dispute arising out of the afore-mentioned case under Section 138, Negotiable Instruments Act, 1881 was essentially

a civil dispute in nature, bearing in mind the principles governing the exercise of power under Section 482 Cr.P.C., as laid down in various authoritative

pronouncements including Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and Narinder Singh vs. State of Punjab (2014) 6 SCC 466, the prayer is

granted.

The judgment dated 17.11.2018 and order on sentence dated 12.12.2018 of the Metropolitan Magistrate in criminal case no. 10382/2016, and

judgment dated 19.01.2019 of the first appellate court in Crl. Appeal no. 10/2019, are hereby set aside. The proceedings in the criminal case under

Section 138, Negotiable Instruments Act, 1881 are hereby quashed.

The petition is disposed of in above terms.