Judgment:
CRM-A-73-MA-2014 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-73-MA-2014 (O&M).Decided on: March 3, 2014.
Vijay Verma ....Petitioner(s) Versus Bellow Jewells PVT.LTD.and others ....Respondent(s) *** CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.Vineet Sehgal, Advocate, for the petitioner.
M.M.S.BEDI, J (ORAL).The appellant claims that without specific consent of the appellant-complainant the appellate Court has permitted the compounding of the offence under Section 138 of the Negotiable Instruments Act, the accused-respondents having been permitted to deposit the amount of the cheque along with 15 per cent of the amount.
He placed reliance on JIK Industries Limited and others versus Amarlal V.
Jumani and another, (2012) 3 SCC255 holding that scheme of compounding enshrined in Section 320 Cr.P.C.cannot be applied without the consent of the both the affected parties.
I have considered the ratio of the judgment in case JIK Industries Limited and others (supra) in context to the law laid down in Damodar S.
Prabhu versus Sayed Babalal H., (2010) 5 SCC663 and carefully considered the facts and circumstances of the Raj Kumar Arora 1 2014.03.06 17:10 I attest to the accuracy and integrity of this document CRM-A-73-MA-2014 (O&M) present case.
The appellant-complainant seems to be not happy with the compounding despite the fact that amount of the cheque along with the 15 per cent amount of the cheque amount has been deposited with the District Legal Services Authority, Gurgaon.
The amount of the cheque is Rs.1 lac.
In case the appellant-complainant is interested to claim any additional compensation or additional amount from the respondents-accused, it will always be open to him to avail the legal remedy under civil law.
Proceedings under Section 138 of the Negotiable Instruments Act, are semi criminal in nature.
The appellant-complainant does not seem to have realised that without filing a suit for recovery along with court fee, he has been able to recover the debt.
The appellant seems to be interested in prosecuting and punishing the respondents-accused with a vindictive mind.
In case the appellant feels harassed on account of litigation, it will always be open to him to claim damages and compensation in accordance with law.
No ground is made out for interference.
Dismissed.
In case the appellant-complainant moves an application for revalidating the draft the same can be allowed by the District Legal Services Authority, Gurgaon or by the appellate Court.
(M.M.S.BEDI) March 3, 2014.
JUDGE rka Raj Kumar Arora 2 2014.03.06 17:10 I attest to the accuracy and integrity of this document