Uttarakhand High Court
Chandra Anil Kumar vs Soban Singh And on 28 April, 2023
Office Notes,
reports, orders or
proceedings or
Sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
C482 No.904 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. P.C. Pethshali, Advocate, for the
applicants.
Mrs. Mamta Joshi, Brief Holder, for the
State of Uttarakhand/1.
Mr. S.R.S. Gill, Advocate, for the
respondent no.2.
On the complaint proceedings by way of
the Complaint Case No.390 of 2020, "Dinesh
Chandra Anil Kumar Vs. Soban Singh and
another", stood instituted before the court of
Chief Judicial Magistrate, Almora, for trying the
present applicants for the offences under section
138 of the Negotiable Instruments Act.
In those proceedings, an application under
section 147 of the Negotiable Instruments Act,
was filed whereby the present applicants have
proclaimed himself to have compounded the
offence by remitting the amount, which was due
to be paid under the notices issued under section
138 of the Negotiable Instruments Act. The said
application has been rejected. Consequently, the
present C482 application.
In the proceedings of this C482
application, when it was taken up before this
court on 20th December 2022, once again a
similar expression was given by the applicants
that they are ready to settle the amount by way of
a conciliation, but when the effort for conciliation
was made by the respondent for remittance of the
amount in accordance with the parameters laid
down by the Hon'ble Apex Court in the
judgement reported in 2018 SCC Criminal 477,
"M/s Meters and Instruments Private Limited and
another Vs. Kanchan Mehta", the conciliation
was not signed by the applicants, and as a
consequence thereto the settled amount which
was agreed to be paid by the applicants in
pursuance to the order dated 20th December,
2022, could not be paid.
In that eventuality, the liberty which is
being attempted to be sought by the applicants to
permit them to file a fresh application under
section 147 of the Negotiable Instruments Act,
was, in fact, nothing but a clever device to buy
time for ensuring non remittance of the amount
due to be paid to the respondents as payable
under section 138 of the Negotiable Instruments
Act.
Without venturing into the merits of the
C482 application, the matter is remitted back to
the learned Trial Court to determine the total
amount payable, as per the guidelines framed by
the Hon'ble Apex Court in paragraph no.20, of
the judgment, and would determine the total
amount payable to the respondents within a
period of one month from today, and within a
period of two weeks thereafter, the applicants
would ensure to remit the amount as to be
determined by the learned trial court, and it is
made clear that there would be no
preponderances or an interpretation of the
probabilities of the amount to be paid.
Whatsoever the amount is determined by the trial
court in the light of the judgement
of "M/s Meters and Instruments Private Limited
and another Vs. Kanchan Mehta" is being
ensured to be paid to the respondents by the
learned counsel for the present applicants.
In that view of the matter, without
interfering in the C482 application on merits, the
same is being disposed of directing the court of
Chief Judicial Magistrate, Almora, to determine
the total amount payable under the Negotiable
Instruments Act, to the respondents within a
period of six weeks from today, and then only
would the proceedings of 138 of the Negotiable
Instruments Act, be considered.
Subject to the aforesaid, the C482
application is hereby dismissed.
(Sharad Kumar Sharma, J.)
28.04.2023
NR/
