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2023 (10) TMI 3 - HC - Indian LawsDishonour of Cheque - insufficient funds - compounding of offence - Section 138 of the NI Act - HELD THAT:- Having settled the matter and the loan account of the petitioner-accused has been closed under the One Time Settlement (OTS) Scheme and the complainant-Bank has no objection in case the judgment of conviction, dated 17.05.2022, and the order of sentence dated 18.05.2022, passed by the learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P., in Complaint No. 16-I-2016, is quashed and set-aside, therefore, this Court sees no impediment in accepting the prayer made on behalf of the the parties 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 Section 147 of the Negotiable Instruments Act, 1881 is in the nature of an enabling provision which provides for the compounding of offences prescribed under the same Act, thereby serving as an exception to the general rule incorporated in sub-section (9) of Section 320 of the CrPC which states that ‘No offence shall be compounded except as provided by this Section’. A bare reading of this provision would lead us to the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded. 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 settled the matter with the complainant-Bank under the One Time Settlement scheme, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon’ble Apex Court - the parties are permitted to get the matter compounded in light of the fact that the parties have settled the dispute amicably under One Time Settlement scheme. The present matter is ordered to be compounded and the impugned judgment of conviction, dated 17.05.2022, and order of sentence, dated 18.05.2022, passed by the learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P., in Complaint No. 16-I-2016, are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against her under Section 138 of the Act. Bail bonds, if any, stand discharged. Petition disposed off.
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