2022 (8) TMI 818

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....ivil Judge (Junior Division) Garautha, District Jhansi. After some arguments, learned counsel for the applicant lastly submits that present applicant is not involved in committing any kind of offence whatsoever has been submitted in the compliant. Matter, if any, raised by opposite party no. 2 is of a civil dispute and that can very well be settled by way of filing a civil suit. He submits that offence under Section 138 of N.I. Act is compoundable offence and it seems that under certain misconception, the aforesaid criminal case has been lodged by the opposite party no. 2 and therefore, an opportunity may be granted to the present applicant to sit together and amicably settle the dispute between the parties. I have considered the subm....

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....emedy which should be given priority over the punitive aspect. There is also some support for the apprehensions raised by the learned Attorney General that a majority of cheque bounce cases are indeed being compromised or settled by way of compounding, albeit during the later stages of litigation thereby contributing to undue delay in justice delivery. The problem herein is with the tendency of litigants to belatedly choose compounding as a means to resolve their dispute. ?.................... 19. As mentioned earlier, the learned Attorney General's submission is that in the absence of statutory guidance, parties are choosing compounding as a method of last resort instead of opting for it as soon as the Magistrates take cogniza....