The High Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of cheque dishonour proceedings. The court held the compromise agreement was invalid as it was executed by a third party (respondent's nephew) and not signed by or on behalf of the respondent.
Petition for quashing of Criminal Complaint No. 683/2017 dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3170/2018
Dhara Singh S/o Shri Deep Chand B/c Jat, R/o Village And Post Mundawar, District Alwar, Raj.
----Petitioner
Versus
Daulat Ram S/o Shri Sadhu Ram, R/o Purhito Ka Mohalla, Mundawar, District Alwar, Raj.
----Respondent
For Petitioner(s) : Mr. Kuldeep Bhatia on behalf of Mr. K.N. Sharma For Respondent(s) : Mr. Jai Kishan Yogi
HON'BLE MRS. JUSTICE SABINA
Order
29/08/2018
Petitioner has filed this petition under Section 482 Code of Criminal Procedure 1973 (hereinafter referred to as ‘Cr.P.C.’), seeking quashing of Criminal Complaint No. 683/2017 pending in the Court of Additional Chief Judicial Magistrate, Mandawar, District Alwar for offence under Section 138 of the Negotiable Instruments Act, 1881.
Learned counsel for the petitioner has submitted that proceedings initiated against the petitioner with regard to the complaint filed by the respondent were liable to be set aside, in view of compromise effected between the parties on 08.08.2017 Annexure-4.
Learned counsel for the respondent has denied the factum of compromise between the parties and has submitted that Annexure -4 is not signed by the complainant. The said agreement was
(2 of 2)
[CRLMP-3174/2018]
executed between the petitioner and Ravi Kumar and not by respondent-Daulat Ram. Ravi Kumar is the nephew of respondentDaulat Ram.
Since, Annexure-4 has not been signed by respondentDaulat Ram, nor was executed on his behalf, no ground for quashing the criminal proceedings in question against the petitioner on the basis of compromise is made out. Annexure-4 was executed between Ravi Kumar and petitioner-Dhara Singh. In these circumstances, this petition seeking quashing of the criminal proceedings on the basis of compromise is liable to be dismissed.
Dismissed.
(SABINA),J
Sudha/80
2 issues framed by the court
Whether criminal proceedings for cheque dishonour can be quashed based on a compromise agreement not signed by the respondent.
Whether an agreement executed between the petitioner and a third party (the respondent's nephew) can settle the dispute between the petitioner and the respondent.
2 provisions across 2 enactments
Dhara Singh
Daulat Ram
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
