TMI Blog2023 (9) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... s issued by the Hon ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT ], wherein the Hon ble Apex Court has held that Any costs imposed in accordance with these guidelines should be deposited with the Legal Services Authority operating at the level of the Court before which compounding takes place. For instance, in case of compounding during the pendency of proceedings before a Magistrate s Court or a Court of Sessions, such costs should be deposited with the District Legal Services Authority. In K. SUBRAMANIAN VERSUS R. RAJATHI REP. BY P.O.A.P. KALIAPPAN [ 2009 (11) TMI 1013 - SUPREME COURT ], it has been held by the Hon ble Apex Court that in view of the provisions contained in Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with Section 401 of the Code of Criminal Procedure (for short Cr.P.C. ) against judgment dated 21.04.2023, passed by learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P., in Criminal Appeal No. 92-N/10 of 2018, whereby the judgment dated 24.09.2018, passed by learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No. 37/3 of 2016, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. The complainant-Kalyan Singh and accused-Lal Singh were acquainted with each other and on 20.08.2015, the accused approached the complainant with a request to lend him Rs.30,000/- for his domestic needs. The complainant acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. 6. During the pendnecy of the instant petition, an application (Cr.MP No. 2851 of 2023) under Section 147 of the NI Act has been filed by the petitioner-accused seeking permission of this Court to compound the offence by settingaside the judgment of conviction and order of sentence dated 24.09.2018, passed by learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No. 37/3 of 2016 and affirmed vide judgment dated 21.04.2023, passed by learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P., in Criminal Appeal No. 92-N/10 of 2018. 7. Today, complainant-Kalyan Singh as well as the petitioner-Lal Singh are present in person before this Court and the statement of com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent-complainant and examined the entire records. 10. Having taken note of the fact that the entire amount of compensation, i.e., Rs.45,000/-, as awarded by the learned Trial Court, has been received by the complainant-respondent and the complainant has no objection in compounding the offence, therefore, this Court sees no impediment in accepting the prayer made on behalf of the accused-petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H., (2010) 5 SCC 663, wherein the Hon ble Apex Court has held as under:- 10. At present, we are of course concerned with Section 147 of the Act, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded. However, since Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the CrPC, especially keeping in mind that Section 147 carries a non obstante clause. 11. In K. Subramanian Vs. R. Rajathi; (2010) 15 Supreme Court Cases 352, it has been held by the Hon ble Apex Court that in view of the provisions contained in Section 147 of the Act read with Section 320 of Cr.P.C., compromise arrived at can be accepted even after recording of the judgment of conviction. The relevant portion of the judgment is reproduced as under:- 6. Thereafter a compromise was entered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 138 of the Code. 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has already paid the entire amount of compensation to the complainant-respondent, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. 13. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. The compounding fee in the sum of Rs.2250/- has already been deposited by the petitioner before H.P. State Legal Services Authority, as per the directions of this Court. 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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