Mythri Projects and Others v. State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(HP) 2227

HIMACHAL PRADESH HIGH COURT
Anoop Chitkara, J.
Mythri Projects and Others v. State of Himachal Pradesh

Table of Content
1. petitioner seeks quashing due to compromise. (Para 1 , 2)
2. court reflects on the compensatory aspect of the law. (Para 3 , 4)
3. previous judgments delineate the nature of s.138 offenses. (Para 5 , 6 , 7)
4. court invokes inherent powers to quash proceedings. (Para 8 , 9)
5. final ruling quashing proceedings based on full payment. (Para 10 , 11 , 12)

1. The petitioner, who is facing a criminal prosecution for the commission of offence punishable under S.138 of the Negotiable Instruments Act , 1881, has come up before this Court under S.482 of the Code of Criminal Procedure , for quashing the proceedings because the parties have compromised the matter.

2. Learned counsel for the parties, state that the matter stands compromised between the parties and thus the complaint and all consequent proceedings be quashed.

3. REASONING:
A perusal of the petition reveals that the accused has met all the liability as detailed in the petition. The complainant had put in appearance and on 23.4.2021, made a statement on oath that he had received the full and final payment and prays for closure of the complaint / case. The said statement forms part of the record.

4. The jurisprudence be