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2012 DIGILAW 363 (BOM)

Poornwadi Nagarik Sahakari Bank Ltd. v. State of Maharashtra

2012-02-17

T.V.NALAWADE

body2012
Judgment Rule. Rule made returnable forthwith. By consent of parties, petition is heard finally. 2. The petition is filed to challenge the order of J.M.F.C. Ashti in S.C.C. No.97/06. The private complaint is filed by respondent no.2 u/s 138 of Negotiable Instruments Act. The matter was placed before Lok Adalat. In the Lok Adalat, parties compromised the matter and the complainant petitioner showed readiness to compound the offence. Accordingly, the record was prepared by the panel of Lok Adalat. As against the cheque of Rs.17,045/-, the accused showed readiness to deposit the amount of Rs. 99,560/-as the entire amount in respect of loan transaction and when the matter was placed for passing order, J.M.F.C. refused to accept the compromise due to the circumstance that accused has agreed to pay more amount than the cheque amount. 3. It was submitted that at the time of the compromise, the entire loan transaction was taken into consideration and for giving opportunity to the accused to pay the entire amount in one instalment, such compromise was arrived at between the parties. The creditor is a cooperative bank. 4. In view of the object behind the creation of Lok Adalat and making the offence compoundable, it is not desirable for the Court to refuse to accept the compromise, if the parties want to compromise the entire dispute. In the present case, the compromise is in respect of entire loan transaction. Even pre litigation cases can be considered by Lok Adalat and this aspect needs to be kept in mind while considering the compromise arrived at between the parties in a proceeding. In view of these circumstances, this Court holds that the order made by J.M.F.C. needs to be set aside and direction needs to be given to the Court to accept the compromise if the parties want to compound the offence. 5. In view of the above discussion, the petition is allowed. The order made by J.M.F.C. Ashti, Beed in S.C.C. no.97/06 is hereby set aside. If the parties are still ready to compromise the matter, after verification, the magistrate is to make necessary orders in view of the observations made above. Rule is made absolute in aforesaid terms.