- (1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing of the complaint dated 29.10.2009 (P-l) titled complaint case No.128 of 2009 Neeraj Kakkar Versus Subash Nagpal etc. filed under Section 138 Negotiable Instrument Act, 1881 read with Section 420 IPC and the summoning order dated 8.4.2010 (P-3) passed by the learned Judicial Magistrate 1st Class, District Court Ferozepur.
(2.) ADMITTEDLY on 28.9.2010, petitioner No.l through his counsel had appeared before the learned Judicial Magistrate 1st Class, Ferozepur and without prejudice to the challenge of the complaint on merits, filed an application under Section 147 of the Negotiable Instrument Act, 1881, towards the compounding of the offence. It is duly informed by the learned counsel for the petitioner that petitioner is willing to pay the entire cheque amount and also offered to pay the same vide cheque bearing No.021353 drawn from HDFC Bank, K.G. Marg, New Delhi for an amount of Rs. 19,394/-. However, the complainant refused to accept the said amount and stated that he would like to proceed further with the said complaint. Accordingly, the petitioner has filed the present petition in which notice of motion was issued vide order dated 27.1.2011 and the further proceedings before the trial Court were stayed on the contention of the learned counsel for the petitioner that a cheque of Rs. 19394/- had been submitted in the Court on 28th September 2010 and the complainant has refused to accept the same. Thereafter, upon service, learned counsel for the respondent took time to seek instructions qua compounding of the offence in case payment of interest from the date the cheque in question was dishonoured uptil the date when it was deposited before the trial Court is also paid by the petitioner.
(3.) TODAY learned counsel for the petitioner on instructions from his client submitted that the-petitioner is ready to make the payment at the rate of 10% interest from the date the cheque in question was dishonoured uptil the date when it was deposited before the trial Court.;