TMI Blog2021 (7) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... ircumstance exists which could warrant exercise of inherent jurisdiction by this Court under Section 482 Cr.P.C. instead of relegating the petitioner to invoke the well established regular mode of challenge to the judgment of conviction affirmed in appeal, by way of revision petition. The only exceptional circumstance, pointed out by the learned counsel for the petitioner to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C. instead of revisional jurisdiction is that the matter has been compromised between the parties. It is trite that cognizance of the factum of settlement of dispute between the parties by way of compromise, can be taken by this Court in its revisional jurisdictional also and appropriate order can be passed. Therefore, mere settlement of dispute by way of compromise between the parties, cannot be reckoned as such exceptional circumstance under which this Court can exercise its inherent and extraordinary jurisdiction vide Section 482 Cr.P.C. against the order of conviction affirmed in appeal in view of availability of regular remedy of revision petition inasmuch as the factum of compromise can be taken into consideration by this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... three-Judges Bench of the Hon'ble Apex Court of India in case of Damodar S. Prabhu vs. Sayed Babalal H.- (2010) 5 SCC 663, held as under: 20. It may be noted here that Section 143 of the Act makes an offence under Section 138 triable by a Judicial Magistrate, First Class (JMFC). After trial, the progression of further legal proceedings would depend on whether there has been a conviction or an acquittal. In the case of conviction, an appeal would lie to the Court of Sessions under Section 374(3)(a) Cr.P.C.; thereafter a Revision to the High Court under Section 397/401 Cr.P.C. and finally a petition before the Supreme Court, seeking special leave to appeal under 136 of the Constitution of India. Thus, in case of conviction there will be four levels of litigation. In the case of acquittal by JMFC, the complainant could appeal to the High Court under Section 378(4) Cr.P.C., and thereafter for special leave to appeal to the Supreme Court under Article 136. In such an instance, therefore, there will be three levels of proceedings. 7. Although, the provisions of Section 397 Cr.P.C. read with Section 401 Cr.P.C., do not provide expressly that revision lies agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 482 Cr.P.C. can be filed instead of a revision petition under Section 397 where exceptional circumstances exist. He submitted that such exceptional circumstance obtaining in the present case is settlement of dispute between the parties by way of compromise. 11. Learned counsel for the petitioner relies on the judgments of the Hon'ble Apex Court of India in cases of Prabhu Chawla Vs. State of Rajasthan and Anr.- (2016) 16 SCC 30 and K.M. Ibrahim Vs. K.P. Mohammed Anr.- (2010) 1 SCC 798 in support of his contentions. 12. The scope of entertaining a petition under Section 482 Cr.P.C. is no more res integra and has succinctly been explained by the Hon'ble Apex Court of India in the following cases: 13. Municipal Corporation of Delhi vs. Ram Kishan Rohtagi Ors.- (1983) 1 SCC 1: 6. It may be noticed that Section 482 of the present Code is the ad verbatim copy of Section 561-A of the old Code. This provision confers a separate and independent power on the High Court alone to pass orders ex debito justitiae in cases where grave and substantial injustice has been done or where the process of the Court has been seriously abused. It is not merely a revisional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... every Court has inherent power to act ex debito justitiae to do that real and substantial justice for the administration of which alone it exists or to prevent abuse of the process of the Court. As held by the Privy Council in Emperor v. Khwaja Nazir Ahmad AIR 1945 PC 18 with regard to Section 561-A of the Code of Criminal Procedure, 1898 (Section 482 Cr.P.C. is a verbatim copy of the said provision) gives no new powers. It only provides that those powers which the Court already inherently possesses shall be preserved and is inserted, lest it should be considered that the only powers possessed by the Court are those expressly conferred by the Code and that no inherent power had survived the passing of the Act. 7. It is well-established principle that inherent power conferred on the High Courts under Section 482 Cr.P.C. has to be exercised sparingly with circumspection and in rare cases and that too to correct patent illegalities or when some miscarriage of justice is done. The content and scope of power under Section 482 Cr.P.C. were examined in considerable detail in Madhu Limaye v. State of Maharashtra AIR 1978 SC 47 and it was held as under: The following principles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led for stage and soft-pedalled the course of justice at a very crucial stage of the trial. The order of the High Court was accordingly set aside on the ground that a petition under Section 482 Cr.P.C. could not have been entertained as the accused had an alternative remedy of an appeal as provided in the Code. It is not necessary to burden this judgment with other decisions of this Court as the consistent view throughout has been that a petition under Section 482 Cr.P.C. cannot be entertained if there is any other specific provision in the Code of Criminal Procedure for redress of the grievance of the aggrieved party. 15. Thus, from the aforesaid judgments, it is clear that ordinarily this Court will not entertain a petition under Section 482 Cr.P.C. where the petitioner has other remedy available under the Code except under exceptional circumstances. 16. In the case of Prabhu Chawla (supra) relied by learned counsel for the petitioner, the question before the Hon'ble Apex Court was as to validity of rejection of petition filed by the appellants under Section 482 Cr.P.C. assailing the order of cognizance against them under Section 228A of the IPC and their summoning th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asy compounding of offences at any stage, however belated, gives an incentive to the drawer of the cheque to delay settling the cases for years. An application for compounding made after several years not only results in the system being burdened but the complainant is also deprived of effective justice. In view of this submission, we direct that the following guidelines be followed:- THE GUIDELINES (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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