TaxTMI 
TaxTMI 
2018 (12) TMI 1301
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.... order to discharge his liability had been dishonoured. The complaint was decided in favour of the respondent by the learned Judicial Magistrate Ist Class, Shimla and the petitioner was sentenced to undergo simple imprisonment for a period of one year and also directed to pay compensation of Rs. 2,50,000/- to the complainant/respondent. 2. Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 26.08.2011, though the petitioner preferred an appeal before the learned Sessions Judge (Forest), Shimla, H.P., however, the same came to be dismissed vide judgment dated 01.04.2014, constraining the petitioner to file the instant revision petition. 3. Today, when the case was taken up, learned counsel for the....
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....n view of the three Judges Bench decision of the Hon'ble Supreme Court in Parbatbhai Aahir @ Parbatbhai and others versus State of Gujarat and another, Criminal Appeal No. 1723 of 2017, decided on 4th October, 2017, wherein after taking into consideration the entire law on the subject, the Hon'ble Supreme Court has laid down the following broad principles for exercise of powers under Section 482 of the Code which read thus:- "(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Cour....
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....ty cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; (vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an esse....
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.... proof is "preponderance of probabilities". The same has to be normally tried summarily as per provisions of summary trial under the Cr.P.C . but with such variation as may be appropriate to proceedings under Chapter XVII of the Act. Thus read, principle of Section 258 Cr.P.C. will apply and the Court can close the proceedings and discharge the accused on satisfaction that the cheque amount with assessed costs and interest is paid and if there is no reason to proceed with the punitive aspect. 18.2. The object of the provision being primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to a....
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.... The scheme is to follow summary procedure except where exercise of power under second proviso to Section 143 becomes necessary, where sentence of one year may have to be awarded and compensation under Section 357(3) is considered inadequate, having regard to the amount of the cheque, the financial capacity and the conduct of the accused or any other circumstances." 7. It is evident from the aforesaid judgment that this Court after being satisfied that the cheque amount with the assessed cost and interest has been paid, can close the proceedings even in absence of the complainant. 8. The issue is no longer res integra in view of the very recent judgment of the Hon'ble Supreme Court in Bhangu Trading Co. and another versus Surjit Singh (de....