AI Drafter 
TaxTMI 
TaxTMI 
2023 (11) TMI 142
X X X X Extracts X X X X
X X X X Extracts X X X X
....ainst the petitioners, before the Court of the learned Metropolitan Magistrate, South-East, Saket. ii. During the pendency of the proceedings, the inter se dispute between the parties was referred to the Mediation Centre at Saket Courts. Resultantly, the dispute was amicably settled and a settlement agreement dated 19.07.2018 was entered into between the parties. iii. Thereafter, the learned Metropolitan Magistrate, vide order dated 06.08.2018, recorded the terms of the settlement. It was also recorded that respondent no. 2 was in receipt of a demand draft for a sum of Rs. 15,00,000/- and 10 PCDs. The learned Metropolitan Magistrate compounded the complaint in accordance with Section 147 of the NI Act, in terms of the settlement arrived at between the parties. iv. On 15.12.2018, respondent no. 2 moved an application under Sections 421/431 of the CrPC before the learned Metropolitan Magistrate stating the petitioner no. 1 did not comply with the terms of the settlement agreement. In view thereof, the learned Metropolitan magistrate passed orders for issuance of warrants of attachment under Section 421 of the CrPC in order to realize the settlement amount. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....im on 09.02.2021 and 18.12.2021. xvi. On 21.05.2022, the statement of the process server was recorded. The learned Metropolitan Magistrate noted that process under Section 82 of the CrPC had already been executed against the petitioners and even after passage of thirty days thereafter, they have not appeared. The petitioners were accordingly declared absconders. Accordingly, the concerned SHO was directed to file a status report regarding the apprehension of the petitioners and was also directed to register an FIR against then under relevant provisions. xvii. On 29.06.2022, an was application moved on behalf of the petitioners seeking cancellation of proceedings under Section 82 of the CrPC. The learned Metropolitan Magistrate observed that since the petitioners had already been declared absconders and an FIR has been ordered to be registered, the application was not maintainable. Accordingly, the said application was dismissed. On the said date, a status report was also placed on record stating that the petitioners had not been apprehended and FIR had also not been registered till date. Accordingly, the SHO was directed to comply with order dated 21.05.2022, fort....
X X X X Extracts X X X X
X X X X Extracts X X X X
..../DE/0173/2016. iii. Sohrab Hussain v. State NCT of Delhi and Anr., Order dated 25.05.2022 passed by a learned Single Judge of this Court. iv. Sanjeev Srivastava v. State of NCT of Delhi and Anr. & Anr., 2021:DHC:913. v. Rajesh Ebrahimkutty Majidhabeevi v. State (Govt. of NCT of Delhi) and Ors., MANU/DE/2670/2021. vi. Davindra Mahajan v. State of Haryana, MANU/PH/0876/2022. vii. Vikas Gupta v. State of Haryana and Others, Order dated 01.08.2018 passed by a learned Single Judge of the Hon'ble High Court of Punjab and Haryana in CRM-M-19636-2018. 6. Respondent no. 2 was present in person on a previous date of hearing, i.e., on 18.04.2023 and submitted that he does not dispute the fact that the complaint under Section 138 of the NI Act instituted on his behalf has been compounded and the petitioners have accordingly been acquitted. It was further submitted that he has no objection to quashing of the present FIR. 7. Learned APP for the State submitted that during the course of investigation in the present FIR, efforts were made to apprehend the petitioners at their given address at A-12, Sector 24, NOIDA, Uttar Pradesh but no clue was f....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he learned metropolitan Magistrate: "Perusal of file reveals that matter was settled by Sh. Sanjeev Srivastava only on his behalf. Therefore, issue warrant of attachment against accused Sanjeev Srivastava to realise due settlement amount of Rs. 47 lacs till 31.01.2019 as per settlement Ex..C1, on filing of PF within seven days. Complainant is' directed to file the list of immovable and movable properties of Sanjeev Srivastava alongwith PF. Put up On 27.04.2019" 11. At this stage, it is relevant to note, that Sections 421 and 431 of the CrPC provides as under: "421. Warrant for levy of fine.-(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may- (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the said provisions reflects that the mandatory presence of accused persons has not been provided for. The warrant will only be issued for attachment and not for arrest. Proviso to Section 421(3) of the CrPC provides as under: "Provided that no such warrant shall be executed by the arrest or detention in prison of the offender." 13. In view of the aforesaid provisions, the learned Metropolitan Magistrate could not have issued non-bailable warrants on 27.04.2019. It is pertinent to note that pursuant to the non-execution of the non-bailable warrants, process under Section 82 of the CrPC was executed and the petitioners were declared absconders. In Dayawati (supra), it was held as under: "XIV. Breach of such settlement accepted by the court - consequences? 118. The instant reference has resulted because of the failure of the court to have recorded the settlement and undertakings binding the accused person in the complaint under Section 138 of the NI Act to abide by the settlement arrived at during mediation. There can be no manner of doubt that once a settlement is reported to the court and made the basis of seeking the court's indulgence, the partie....