TMI Blog2021 (5) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... n the complainant cannot have any objection to such compromise, and 15% of the cheque amount is to be paid by the accused to the Himachal Pradesh State Legal Services Authority. This Court has inherent powers under Section 482 of the Code of Criminal Procedure, further supported by Section 147 of the N.I. Act to interfere in this kind of matter where parties have paid the entire money and where the complainant does not object to clear all the proceedings. Given the entirety of the case and judicial precedents, the continuation of these proceedings will not suffice any fruitful purpose whatsoever - thus, because of the compromise, this is a fit case where the inherent jurisdiction of the High Court under Section 482 of the Code of Crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o ₹ 50,000/- and Demand Draft No.243436 dated 27.4.2021 amounting to ₹ 1,30,000/- (total ₹ 1,80,000/-) and pray that the judgments of conviction be quashed and set aside. To this effect, statement of learned counsel has also been recorded. The said statement forms part of the record. REASONING: 3. The jurisprudence behind the N.I. Act is that the business transactions are honored. The legislative intention is not to send the people to suffer incarceration because their cheque was bounced. These proceedings are to execute the recovery of cheque amount by showing teeth of penalty loss. 4. In Kaushalya Devi Massand v Roopkishore Khore, (2011) 4 SCC 593, the Hon'ble Supreme Court held as follows: [11]. Hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy withdrawn. In default of such deposit, the Appellant shall undergo one month's simple imprisonment. 5. Given the judgment passed by Hon'ble Supreme Court of India in Damodar S. Prabhu v Sayed Babalal, (2010) 5 SCC 663, the law is well settled that when the entire money is paid, then the complainant cannot have any objection to such compromise, and 15% of the cheque amount is to be paid by the accused to the Himachal Pradesh State Legal Services Authority. 6. This Court has inherent powers under Section 482 of the Code of Criminal Procedure, further supported by Section 147 of the N.I. Act to interfere in this kind of matter where parties have paid the entire money and where the complainant does not object to clear all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tension of time to deposit the compounding fee. Petitioner to file the receipt in the Registry. 11. Based on the compromise, the petitioner makes out a case for closure of the petition. Accordingly, the judgment of conviction passed by the learned Sessions Judge, Sirmaur, District at Nahan, in Criminal Appeal No. 97-Cr.A/10 of 2011, titled as Lakhan Pal vs. Shyam Lal Chauhan and another dated 20.7.2013, whereby the first Appellate Court had affirmed the judgment of conviction passed by learned Judicial Magistrate, 1st Class, Nahan, District Sirmaur, HP in Cr. Comp. No.113/3 of 2005, dated 31.3.2011, under Section 138 of the Negotiable Instruments Act, 1881, are quashed and set aside alongwith all consequential proceedings. The petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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