SONIA GOKANI,J. - (1.) This Court on 11.12.2018 passed the following order: "1. This petition has been filed praying for quashment of the First Information Report being C.R. No. I-?15 of 2018 registered with Vaghai Police Station, District: Dang for the offences punishable under Sections 406, 420, 504, 506 (2) and 114 of the Indian Penal Code . 2. The complainant - Sonubhai Bendubhai Pawar was alleged in his complaint that he retired as a Range Forest Officer and received his retirement benefits and other amount to the tune of Rs.40,00,000/-? which has been asked to be parted with for investing in sum saving scheme and he had parted with the same and he was ill-?treated and amount has not been returned back by the present petitioners, therefore, F.I.R. has been filed. 3. During the pendency of the investigation, the parties have chosen to settle the dispute relying upon the decision of the Hon'ble Apex Court in the case of Shiji @ Pappu v. Radhika reported in 2011 (10) SCC 705. Learned advocate Mr. Zubin Bharda has urged terms of the compromise has also been reduced in writing on Rs.100/-? stamp paper. The petitioners are ready to file their undertaking before this Court. 4. The complainant Sonubhai Bendubhai Pawar has also filed affidavit stating therein that due to intervention of leaders of the family and others they have decided to compromise with the otherside and no cause survives for prosecuting the complaint. However, he urges that Rs.5,00,000/-? has already been paid out of Rs.40,00,000/-? to the complainant and for the amount of Rs.35,00,000/-? cheque has been given to him which shall be presented before the Court, if in case of Rs.35,00,000/-? is not returned to the complainant. 5. Learned Additional Public Prosecutor Ms. Jirga Jhaveri has urged to put strict terms on the petitioners. She has sought time to get details from the Investigating Officer, although according to the learned advocate Mr. Bharda there is no criminal antecedents. 6. Considering these submissions and also material on record, this Court notices that compromise has been already reduced in writing. Rs.5,00,000/-? has been received by the present respondent no.2 and for remaining amount of Rs.35,00,000/-? cheque has been given by way of the security, as petitioners has ensured to make the payment on 15th June, 2019. Let the undertaking be also filed that how the payment shall be made within six months. 7. In the meantime the genuineness of settlement and antecedents of the petitioners shall also be verified by the Investigating Officer and remain present on 21st December, 2018. Let the matter appear on 21st December, 2018. Learned advocate Mr. Raval is permitted to file his appearance on behalf of the respondent no.2 - original complainant."
(2.) Today, the undertaking has been filed, pursuant to the earlier order which read as under: "I state that as per the consent terms recorded with the complainant on 22.11.2018, I have agreed to repay a sum of Rs.40,00,000/-? to the complainant out of which on 22.11.2018, I issued a cheque of Rs.5,00,000/-? bearing Cheque No. 044474 from the Bank account of Atmiya Restaurant of which I am the proprietor with Axis Bank, Vansda Branch, which has been cleared and credited in the bank account of the complainant. I have also alongwith the cheque of Rs.5,00,000/-? issued another cheque in the name of the complainant for Rs.35,00,000/-? bearing Cheque No. 044473 from my bank account with Axis Bank, Vansda Branch and I have agreed to make good the amount of the said cheque if deposited or I have agreed to pay the complainant the aforesaid amount and in return, get back the undated cheque of Rs.35,00,000/-? which is in the possession of the complainant. I state that the amount of Rs.35,00,000/-? which is due and payable to the complainant shall be paid by me and my wife by way of 5 equal installments commencing on 31.01.2019 of Rs.7,00,000/-? each which shall be paid on the last day of every calendar month. I state that I shall be liable for any default caused or committed by me in making good the amount of monthly installment of Rs.7,00,000/-? as undertaken by me hereinabove."
(3.) Learned advocate Mr. Zubin Bharda appearing for the petitioners has urged that the amount shall be paid on regular basis and any two consequential default would entitle the complainant to take legal course. This Court notices that the cheque of Rs.35,00,000/-? has been given by the petitioners to the original complainant - respondent no.2 by way of a security. It is clear understanding by and between the parties that any two consequential default on the part of the petitioners herein will entitle the complainant to realize the said cheque of Rs.35,00,000/-? In case it is dishonour, the complainant shall also be entitled to move for the contempt and shall also prefer any other petition as may be found suitable.;