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2017 DIGILAW 409 (JHR)

Durga Developers Pvt. Ltd. v. State of Jharkhand

2017-02-28

RONGON MUKHOPADHYAY

body2017
ORDER : Heard Mr. Vikas Pandey, learned counsel appearing for the petitioners, Mr. Kaushik Sarkhel, learned A.P.P. for the State and Mr. Janak Kumar Mishra, learned counsel appearing for the opposite party No. 2. 2. In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 23.03.2013 passed by learned Judicial Magistrate, Hazaribagh in connection with Complaint Case No. C-1474/2012, whereby and whereunder, cognizance for the offences punishable u/s 138 of the Negotiable Instruments Act and Section 420 and 406 of the Indian Penal Code (IPC) has been taken. 3. A complaint case was instituted by the opposite party No. 2 in which it was alleged that a Flat was booked by opposite party No. 2 for which huge amount was deposited but subsequently the booking of said flat was cancelled by the petitioners. Upon cancellation, the complainant demanded his money and pursuant thereto four post dated cheques were given to the complainant, but on presentation of the cheque No. 035345 amounting to Rs. 6,40,000/-, the same stood dishonoured due to insufficient fund, which lead to institution of the complaint case. 4. After examination of the complainant on S.A. as well his witnesses u/s 202 Cr.P.C., cognizance was taken by learned Judicial Magistrate, Hazaribagh u/s 138 of the Negotiable Instruments Act and Section 420 and 406 IPC. 5. It has been submitted by learned counsel for the petitioner that the matter has been settled between both the sides and to this effect a compromise agreement dated 13.06.2016 has been entered into between them. Learned counsel further submits that the petitioners has returned Rs. 28,40,000/- to the complainant by four post dated cheques and out of which Cheque No. 035339 amounting to Rs. 5,00,000/- has been encashed on 14.05.212, Cheque No. 035341 amounting to Rs. 10,00,000/- has been dishonoured, Cheque No. 035343 amounting to Rs. 7,50,000/- has been encashed on 19.08.2012 and cheque No. 035345 amounting to Rs. 6,40,000/- has been dishonoured. It has also been submitted that towards the rest amount of Rs. 16,40,000/-, Rs. 12,30,000/- has been paid through RTGS on different occasions, whereas a demand draft amounting to Rs. 4,10,000/- has been paid to the complainant towards full and final settlement of the dues. 6. Mr. 6,40,000/- has been dishonoured. It has also been submitted that towards the rest amount of Rs. 16,40,000/-, Rs. 12,30,000/- has been paid through RTGS on different occasions, whereas a demand draft amounting to Rs. 4,10,000/- has been paid to the complainant towards full and final settlement of the dues. 6. Mr. Janak Kumar Mishra, learned counsel, appearing for the opposite party No. 2 has accepted the factum of compromise and has submitted that the dispute has finally been settled and therefore the opposite party No. 2, does not intend to proceed further with the criminal proceeding. 7. The settlement agreement dated 13.06.2016 reveals that the amount which was paid to the petitioners by the opposite party No. 2 has been returned back and the matter has finally been settled between the parties and thus it would be an exercise of in futility to continue with the criminal proceeding. Accordingly, this application is allowed and the entire criminal proceedings including the order dated 23.03.2013 passed by learned Judicial Magistrate, Hazaribagh in connection with Complaint Case No. C-1474/2012, whereby and whereunder, cognizance for the offences punishable u/s 138 of the Negotiable Instruments Act and Section 420 and 406 of the Indian Penal Code has been taken, is hereby quashed and set aside.