2026:UHC:3038 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.2127 of 2019 Hon’ble Alok Mahra, J. Mr. Sandeep Kothari, Advocate for the applicant. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. 2. This criminal misc. application has been filed by the applicant for quashing the summoning order dated 09.03.2017 and entire proceedings of Complaint Case No.892 of 2017 pending in the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. Further prayer has been made to set aside the order dated 17.07.2019, whereby Non Bailable Warrants have been issued against the applicant. 3. Learned counsel for the applicant submits that the complaint under Section 138 of the Negotiable Instruments Act was instituted by respondent no.2 on the allegation that two cheques amounting to ₹5,00,000/- each, totalling ₹10,00,000/-, were dishonoured. It is further submitted that, during pendency of the proceedings, the parties amicably settled their dispute and entered into a compromise on 04.10.2018, pursuant to which the entire cheque amount stood paid by the applicant to respondent no.2. As per the terms of compromise, respondent no.2 had agreed not to press the complaint. However, no formal application for compounding of offence was moved before the trial Court, and consequently, proceedings continued and non-bailable warrants came to be issued. 4. Learned counsel for the applicant submits that, despite service of notice, respondent no.2 has chosen not to appear and controvert the submissions made on behalf of the applicant. The compromise deed and payment of the entire cheque amount remain unrefuted. 5. Having considered the submissions and 2026:UHC:3038 perused the material on record, this Court finds that the offence under Section 138 of the Negotiable Instruments Act is compoundable in nature. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 6. In the present case, it is evident that the entire cheque amount has already been paid and the complainant has agreed not to pursue the matter. In such circumstances, continuation of the criminal proceedings would serve no useful purpose and would only result in unnecessary harassment to the applicant. The issuance of non-bailable warrants also appears to be a consequence of the continuation of proceedings despite settlement and cannot be sustained once the foundational dispute itself stands resolved. 7. Accordingly, in view of the compromise arrived at between the parties, the nature of the offence being compoundable, and in order to secure the ends of justice, the Criminal Miscellaneous Application deserves to be allowed. 8. Following the aforesaid ratio, the criminal misc. application stands allowed and the entire proceedings of Complaint Case No.892 of 2017 pending before the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed. (Alok Mahra, J.) 23.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.23 18:03:34 +05'30'