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2023 (11) TMI 361 - HC - Indian LawsDishonour of Cheque - amicable settlement of matter - compounding of offence - HELD THAT:- In view of the fact that the complainant has received Rs.1,30,000/- from the applicant/convict, as full and final settlement of the complaint filed by the appellant-complainant under Section 138 of the NI Act and the parties have amicably settled the matter, coupled with the fact that the complainant has no objection in case the accused-respondent is acquitted of the offence under Section 138 of the Negotiable Instruments Act, therefore, this Court sees no impediment in accepting the prayer made on behalf of 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 that 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’. 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 paid Rs.1,30,000/-, as full and final settlement amount to the appellant-complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon’ble Apex Court. The present matter is ordered to be compounded and the judgment is quashed and set-aside and the petitioner accused is acquitted of the charge framed against him under Section 138 of the Act - taking into consideration the law laid down by the Hon’ble Apex Court (supra) and the financial condition of the petitioner, as he is a poor person, since the competent Courts can reduce the compounding fee with regard to the specific facts and circumstances of the case, the petitioner is directed to deposit token compounding fee of Rs.2,500/- (rupees two thousand five hundred) only with H.P. State Legal Services Authority, Shimla, H.P., within four weeks from today. Application disposed off.
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