The High Court dismissed a bail petition under Section 482 Cr.P.C. seeking quashing of Section 138 NI Act proceedings. The court held that a compromise agreement signed by a third party (nephew), not the respondent-defendant, does not establish a valid settlement and cannot ground quashing.
No.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3174/2018
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 Purohito 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. 684/2017 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/79
2 issues framed by the court
Whether a compromise agreement not signed by the named respondent can serve as a ground to quash criminal proceedings.
Whether the quashing of a case under Section 138 of the Negotiable Instruments Act is maintainable when the alleged settlement was executed by a third party.
1 provisions across 1 enactments
Dhara Singh S/o Shri Deep Chand
Daulat Ram S/o Shri Sadhu Ram
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
