IMPORTANT POINT
The court affirmed that compromises can be validly recognized in criminal cases under Section 138 of the Negotiable Instruments Act, allowing for quashing of proceedings.

JUDGMENT :

Shiv Shanker Prasad, J.

Supplementary-affidavit filed today on behalf of the revisionist is taken on record.

2. Heard Mr. Vikrant Rana learned counsel for the revisionist, the learned Additional Government Advocate for the State, and learned counsel for opposite party No. 2 as well as perused the materials on record.

3. This criminal revision has been filed for setting aside the impugned judgment and order dated 30.9.2022 passed by learned Additional District and Session Judge, Court No. 15, Meerut in Criminal Appeal No. 135 of 2017 (Kamal Kumar v. State of U.P. and others) and impugned judgment and order dated 18.10.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 5, Meerut in Complaint Case No. 654 of 2008 (Atul Rastogi v. M/s. Maci Organics Limited and others), under Section 138 of Negotiable Instruments Act.

4. On 25.7.2023, the Court has passed following order :

''Heard learned counsel for the revisionist, Sri Kumar Dhananjay, learned counsel for opposite party No. 2 and the learned A.G.A. for the State.

This revision has been filed for setting aside the impugned judgment and order dated 30.9.2022 passed by learned Additional District and Session Judge, Court No. 15, Meerut in Criminal Appeal No. 135 of 2017 (Kamal Kumar v. State of U.P. and others) and impugned judgment and order dated 18.10.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 5, Meerut in Complaint Case No. 654 of 2008 (Atul Rastogi v. M/s. Maci Organics Limited and others), under Section 138 of Negotiable Instruments Act.

It is submitted on behalf of the revisionist that both the parties are known to each other very well and the dispute between them is due to money. He further submits that on account of intervention of well-wishers of the revisionist and opposite party No. 2, they have settled their disputes and arrived at a compromise. On the basis of said compromise, an affidavit has been filed by opposite party No. 2 before the Court below that he does not want to press the criminal proceedings initiated by him against the revisionist. It is thus contended to allow this revision and set aside the impugned judgment and order passed by the Trial Court on 30.9.2022 as well as 18.10.2017, under Section 138 of N.I. Act and he be acquitted.

Learned counsel for opposite party No. 2 also does not dispute the correctness of the submissions made by the learned counsel for the revisionist.

Whether a compromise has taken place or not can at best be ascertained by the Court, where the proceedings are pending, after ensuring the presence of the parties before it.

Put up this case on 22.8.2023 as fresh before the appropriate Bench.

Learned counsels for the parties undertake that they shall make a fresh compromise application before the Court below within two weeks from today for verification of the aforesaid compromise. They further undertake to ensure their presence before the Court below or any other transferee Court, as the case may be, on 16.8.2023 and the Court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.

Office is directed to send through FAX a copy of this order within 24 hours.

Parties are also directed to produce certified copy of this order alongwith a fresh compromise application before the Court concerned within a week from today.

Till the next date of listing, no coercive steps would be taken against the revisionist in pursuance of the impugned judgment and orders dated 30.9.2022 and 18.10.2017.''

5. Pursuant to the above order, the learned Additional Chief Judicial Magistrate, Court No. 5, Meerut vide order dated 10.8.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Additional Chief Judicial Magistrate, C