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TMI Blog2018 (10) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent is the defacto complainant. For the sake of convenience, the parties will be hereinafter referred to as 'accused' and 'complainant'. 3.The complainant initiated proceedings under Section 138 of the Negotiable Instruments Act in C.C.No.291 of 2001 before the learned Judicial Magistrate No.4, Salem, against the accused stating that the accused are doing textile import business and for their liability to the complainant they issued Cheques bearing numbers '625393' and '625394', drawn on 30.11.2000 in Indian Overseas Bank, Triplicane Branch for a sum of Rs. 4,40,859/- and Rs. 5,40,847/-. When the said Cheques were presented on 16.04.2001 for collection, the same were returned on 18.04.2001 as 'fun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst this petitioner alone. 6.To that extent, Memo of Compromise/ Compounding of Offence under Section 147 of the Negotiable Instruments Act dated 26.09.2018 duly signed by the petitioner and the respondent as well as by the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent has also been filed and the relevant portion of the same reads as follows : "3.It is submitted that now compromise has been worked out and the petitioner has paid a sum of Rs. 5,00,000/- (Five Lakhs) by way of a Demand Draft No.824658 dated 14.09.2018 in favour of 'TEE-YES Textiles', drawn on Lakshmi Vilas Bank, Pallipalayam Branch, towards full and final settlement of his liability only. The respondent has accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considers it expedient to recognise some of them as compoundable offencs and some others are compoundable only with the permission of the Court. In this regard, it is useful to extract hereunder paragraphs 16 and 17: ''16. It is evident that the permissibility of the compounding of an offence is linked to the perceived seriousness of the offence and the nature of the remedy provided. On this point we can refer to the following extracts from an academic commentary [cited from : K.N.C. Pillai, R.V.Kelkar's Criminal Procedure, Fifth Edn. (Lucknow: Eastern Book Company, 2008) at p.444] ''17.2. Compounding of offences .-- A crime is essentially a wrong against the society and the State. Therefore any compromise between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has also been jointly filed by the petitioner and complainant. Therefore, the complainant's interest lies primarily in recovering the money rather than seeking the drawer of the cheque in jail. Further Section 147 of the Negotiable Instruments Act also empowers this Court to compound the offence under section 138 of the Negotiable Instruments Act. 9.In view of the ratio laid down by the Honourable Supreme Court of India and also considering the memo of compromise filed by the parties, this Court is of the view that the Judgment in C.C.No.291 of 2001 on the file of the learned Judicial Magistrate No.4, Salem, in respect of this petitioner alone is liable to be set aside. 10.Accordingly, the conviction and sentence imposed on the revi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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