Shivnarayan Yadav v. Durga Prasad

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Criminal Misc. Petition No.1888 of 2018 Shivnarayan Yadav Versus Durga Prasad 05.02.2019 Shri Nishikant Sinha, counsel for the petitioner. Learned counsel for the petitioner submits that criminal case like dishonour of the cheque cannot get automatically compounded. Compounding criminal offence can only be done under Section 320 CrPC and only if persons aggrieved i.e. creditors have given their consent for the same. But in the present case, the trial Court terminated the proceedings without consent of the petitioner. He has placed reliance in the matter of JIK Industries Limited and Others vs. Amarlal V. Jumani and another reported in (2012) 3 SCC 255. In view of the above, leave is granted.

Let the CrMP be registered as regular Acquittal Appeal. Admit.

Issue notice to the respondent on payment of PF within in a week.

Notice be made returnable within six weeks.

List the matter for further orders on 03.4.2019. Sd/- (Ram Prasanna Sharma) Judge Bini