2023 (3) TMI 685 - HC - Indian Laws

Dishonor of Cheque - insufficient funds - compounding of offences - Section 147 of NI Act - HELD THAT:- Having taken note of the fact that entire amount of compensation stands paid to the respondent-complainant and the respondent-complainant has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioneraccused 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 VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], wherein the Hon’ble Apex Court has held that 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.”

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 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.

Since in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the respondent-complainant vide Compromise Deed, annexed with the petition and in terms thereof, he has already paid the entire amount of compensation, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon’ble Apex Court - 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 present matter is ordered to be compounded and the impugned judgment of conviction dated 22.04.2022 and order of sentence dated 25.04.2022, passed against the petitioner-accused by the learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, H.P. and affirmed by the learned Sessions Judge, Kullu, District Kullu, H.P., vide judgment dated 12.12.2022, are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act.

Petition disposed off.