Compromise between parties verified by court can lead to quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, promoting peace and justice.

JUDGMENT

Shiv Shanker Prasad, J.

Heard Mr. Sunil Kumar learned counsel for the revisionist, learned counsel for the opposite party no. 2 and the learned Additional Government Advocate for the State as well as perused the materials on record.

2. This criminal revision has been filed for setting aside the impugned judgment and order dated 09.06.2023 passed by learned Additional Session Judge, Khurja, District Bulandshahar in Criminal Appeal No. 1 of 2022 (Mukesh Singh v. State of U.P. & Another) and impugned judgment and order dated 25.11.2022 passed by learned Additional Chief Judicial Magistrate, Khurja, District Bulandshahar in Complaint Case No. 439 of 2018 (Vinod Kumar v. Mukesh Singh), under Section 138 of Negotiable Instruments Act.

3. On 08.08.2023, the Court has passed following order:

"Heard learned counsel for the revisionist and the learned A.G.A. for the State.

This revision has been filed for quashing the impugned judgment and order dated 09.06.2023 passed in Criminal Appeal No. 1 of 2022 (Mukesh Singh v. State of U.P. & Another) and the judgment and order dated 25.11.2022 passed in Complaint Case No. 439 of 2018 (Vinod Kumar v. Mukesh Singh), under Section 138 N.I. Act, Police Station Khurja Nagar, District Bulandshahar as well as to stay the effect and operation of the aforesaid orders.

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 application dated 20.07.2023 has been filed by opposite party no.2 and the revisionist before the court below that they do not want to press the criminal proceedings initiated by opposite party no. 2 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 09.06.2023 as well as 25.11.2022, under Section 138 of N.I. Act and he be acquitted.

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 22.09.2023 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 24.08.2023 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 along with 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 09.06.2023 and 25.11.2022."

4. Pursuant to th