RAM AVTAR Vs. STATE & ANR

JUDGEMENT

(1.) This is a petition filed under Section 482 of Code of Criminal Procedure, 1973 seeking quashing of complaint case bearing CC No.3075/12 titled as "Shree Gokulam Chit & Finance Co. Pvt. Ltd. vs. Sh. Ram Avtar" as well as the proceedings arising out of the same.

(2.) Succinctly stating the facts giving rise to present petition are that respondent No.2 herein filed a complaint under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") in respect of dishonour of three cheques bearing Nos.687716, 687717 and 687718 all dated 29.01.2011 for Rs.65,300/- (Rupees sixty five thousand three hundred) each drawn on Bank of Baroda, New Delhi. Despite service of statutory notice, the petitioner failed to make payment of the amounts of cheques. After recording evidence of both the parties, vide judgment dated 10.10.2012 learned Metropolitan Magistrate (NI Act)-02, Dwarka Courts, New Delhi convicted the accused under Section 138 of NI Act and vide order on sentence dated 12.10.2012 the petitioner was sentenced to undergo simple imprisonment of six months and to compensate Rs.2,30,000/- (Rupees Two lakhs thirty thousand) to respondent No.2 and in case of default of payment, he was to undergo further imprisonment of one month.

(3.) Aggrieved by the said judgment and order on sentence, the petitioner filed Criminal Appeal No.120/2012. The said appeal was dismissed by learned Additional Sessions Judge-02, Dwarka Courts, New Delhi. Thereafter, the parties entered into a settlement and a Settlement/ Compromise Deed was executed on 05.07.2013. The copy of the Settlement/ Compromise Deed has been filed as Annexure-D to the petition. On the basis of the said settlement, the petitioner has filed the present petition.