GURMIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THE petitioner has filed the present petition under Section 482 Cr.P.C. for quashing of order dated 31.10.2011 passed by the Judicial Magistrate 1st Class, Amritsar, whereby he was declared a proclaimed offender in complaint No. 894 dated 16.1.2007 titled 'Kashmir Singh Vs. Gurmit Singh' filed under Section 138 of the Negotiable Instruments Act. On 3.4.2013, learned counsel for the petitioner stated that his client was ready to make the entire payment of the disputed cheque alongwith interest. In view of the stand taken on behalf of the petitioner, the Court issued notice to respondent No. 2. On being served, respondent No. 2 appeared through his counsel on 20.5.2013. He informed the Court that the cheque for an amount of Rs. 50,000/ - was issued by the petitioner in the year 2006 and he be adequately compensated as he had to engage a counsel before the trial Court and also before this Court. Learned counsel for the petitioner accepted the claim of respondent No. 2 and, accordingly, handed over two drafts for a total amount of Rs. 55,000/ - to respondent No. 2 and further requested that some more time be granted for further compensating respondent No. 2. The Court directed the petitioner to pay another amount of Rs. 45,000/ - and granted him two months' time. In pursuance of the same, counsel for the petitioner has now handed over draft for an amount of Rs. 45,000/ -, copy of which has been produced and is taken on record, in the name of respondent No. 2 and upon receiving the same, respondent No. 2 has suffered statement, which is reproduced here -in -below: -

(2.) THE petitioner has already paid double the cheque amount and after receiving the same, respondent No. 2 has expressed that he does not want to prosecute the complaint filed by him. Further, the complaint be deemed to have been withdrawn by him. He has also stated that he has no objection if the order dated 31.10.2011 (Annexure P -4) passed by the Judicial Magistrate 1st Class, Amritsar declaring the petitioner a proclaimed offender is set -aside. The petition is, hereby, accepted, complaint No. 894 dated 16.1.2007 titled 'Kashmir Singh Vs. Gurmit Singh is deemed to have been withdrawn by complainant -Kashmir Singh. Further, the order dated 31.10.2011 passed by the Judicial Magistrate 1st Class, Amritsar declaring the petitioner a proclaimed offender is set -aside.