Shipra Infra Tech Pvt. Ltd. & Ors. vs Raj Kumar Aggarwal
2018 Latest Caselaw 7477 Del

$-8
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Decided on:           December, 2018

+      CRL. M.C. 6443/2018 & Crl.M.A. 49993-94/2018


       SHIPRAINFRATECH PVT. LTD. & ORS                        Petitioners
                           Through:     Mr. Manik Dogra, Ms. Sonali,
                                        Jaitley Bakshi, Mr. Jaivesh
                                        Bakshi, Ms. Rini Badoni & Ms.
                                        Pragya Wal, Advs.
                           versus



       RAJ KUMAR AGGARWAL, ,                                  Respondent
                   Through: '                  /
CORAM:
HON'BLE MR. JUSTICE RK GAUBA

                       ORDER (ORAL)

1. On the criminal complairit 2319/2015 - new number 526185/2016), presented fbn -^;^..i(^2j^ the petitioners were summoned as accused on the .aQcusMohs\,ol they having committed •^ •, i ' offence under. Section 138 of Negotiable Instruments Act, 1881 (N.I.Act). By the petition at hand, prayer is rnade before this Court to , exercise its inherent power .aM-jurisdict^ under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to quash the proceedings in the said complaintj the prime contention being that the parties had amicably settled the dispute by executing settlement agreement dated 21.12.2015.

2. Copies of some of the proceedings before the Metropolitan Magistrate in the aforementioned criminal complaint case have been

Crl.M.C.No.6443/2018 Page I of3 placed on record. It appears that the Metropolitan Magistrate had passed the summoning order on 03.11.2015. The petitioners did not appear on 29.01.2016 for which the process had been issued. Noticeably, the settlement agreement, on which reliance is placed, is stated to have been executed on 21.12.2015. The Metropolitan Magistrate observed in the proceedings on 29.01.2016 that the petitioners were trying to evade the process of law, this leading to 4-

bailable warrants being issued against them. On 21.04.2016, they appeared through a counsel who filed memo of appearance and made submissions with reference to :agreenient dated 21.09.2015 which would be a document other than the agreement dated 21.12.2015.

3. Be that as it may, the counsel fpr: the.complainant not fully instructed and adjournments/were taken'for confirmation. The case remained pending at such stage, the petitioners having failed to appear leading to duress process feeingissued^iO^ the counsel again appeared on their be%lf4nd, on an application moved, personal .a-

exemption was granted to the petitioners with direction to them to remain present on the next date i.e. 19.12.2018.

4. It is clear from the avermerits in the petition, the documents filed therewith and the oral submissions that no prayer has been formally made before the Metropolitan Magistrate for recording ofthe compromise between the parties. The offence under Section 138 N.I.

Act, may be compounded by the disputants. If the complainant of the case has executed some such documents and has received money there against, it is for the petitioners to approach the Metropolitan

Cr/. M. C. No. 6443/2018 2of3 Magistrate with an appropriate application to that effect. Instead of doing so, the petitioners seem to have been evading appearance before the concerned court which is not proper.

5. In the foregoing facts and circumstances, this Court is not inclined to entertain the application for quashing under Section 482 Cr.P.C.

6. The petition and the application filed therewith are dismissed.

R.K. GAUBAJ.

                                            • vVv'lC' •

DECEMBER 18, 2018
                                        !     •L,:         rr
nk                                                 yrv f'



                                                     V iS'-! -•
                                            ::vi




                           -   ..   .                             -•   '




Crl.M.C. No. 6443/2018                                                         Page 3 of3