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TMI Blog2020 (8) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... , in the interest of justice. C. Be pleased to grant such other and further relief as may be deemed fit and proper in the facts and circumstances of the case." 2. Brief facts of the case are that the applicant - original accused was developing a housing scheme in Surendranagar District and in that connection, the respondent No.2 had booked a flat in the said scheme by depositing the amount of Rs. 10 lakhs in cash. On account of some issues, the applicant could not develop the scheme, as a result of which, had to return the amount to the respondent No.2 - original complainant and accordingly, a cheque was issued on 23.5.2016 bearing No.426904. When the said cheque came to be presented in the bank on 3.8.2016, the same was returned with remarks 'insufficient funds' which resulted into filingof the criminal complaint by respondent No.2 under Section 138 of the NI Act. This criminal complaint, after trial, culminated into an order of conviction dated 7.12.2019. During the passage of time, according to the applicant, the applicant as well as respondent No.2 have settled their disputes in between and the memorandum of settlement came to be executed on 12.6.2020, in which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirming the terms of the settlement. The relevant extract of the same is reproduced hereinafter : "3. I state that the disputes with the petitioner has been amicably settled and compromise has been arrived at between the parties. I state that in pursuance of the compromise, I have received an amount of Rs. 5,21,000/- (Rupees Five Lakhs Twenty-one thousand) from the petitioner herein. I state that the parties have also entered into settlement agreement recording the terms of the settlement. 4. Therefore, as the disputes have been amicably settled, I do not wish to prosecute the petitioner herein. In view of the amicable settlement between the parties, I am submitting my consent to quash and set aside the order dated 7.12.2019 passed in criminal case No.10779 of 2016 by the 3rd Additional Chief Metropolitan Magistrate, Rajkot. 5. I state that I have no grievance of any nature against the petitioner herein and the issue has been amicably settled. I request the Hon'ble Court to quash the order dated 7.12.2019 in the interest of justice and to lessen the hardships of the parties." 7. Keeping in view the aforesaid circumstance and in view of the decision delivered by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, it is clear that the same does not confer any obligation to obtain permission for entering into a compromise or to compound the offence. 26. Merely because the litigation has reached to a revisional stage or that even beyond that stage, the nature and character of the offence would not change automatically and it would be wrong to hold that at revisional stage, the nature of offence punishable under Section 138 of the NI Act should be treated as if the same is falling under table-II of Section 320 IPC. It will be difficult to accept the proposition put forward by Ms. Joshi learned APP that even if the offence made punishable under IPC and reference to Section 1 of Section 320, i.e. table I shown in Section 320 Cr.P.C. it cannot be compounded without prior permission. I would like to reproduce some part of the statement of objects and reasons of the Negotiable Instruments (Amendment & Miscellaneous Provisions) Act 2002: "Negotiable Instruments Act 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 wherein a new Chapter XVII was incorporated for penalties in case of dishonour of cheques due to insufficiency of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e dismissal of the revision application. Even a convict undergoing imprisonment with the liability to pay the amount of fine imposed by the court and/or under an obligation to pay the the amount of compensation if awarded, as per the scheme of NI Act, can compound the matter. The complainant, i.e. person or persons affected can pray to the court that the accused, on compounding of the offence may be released by invoking jurisdiction of this Court under Section 482 Cr.P.C. read with Article 226 of the Constitution of India. 29. The court is aware about one accepted principle of law and the principle governing the concept of judicial restrain that unless the court is asked to answer a particular point, normally the court should not venture to deal with the points which are not raised by any of the parties. But when the court was dealing with the said two Special Criminal Revision Applications certain queries were put during hearing to the learned counsel appearing for the parties and the points discussed were a matter of discussion in reference to sub-section 6 of Section 320 Cr.P.C., Section 147 of NI Act and the jurisdiction of this Court under Section 482 of Cr.P.C read with Art ..... X X X X Extracts X X X X X X X X Extracts X X X X
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