9911796707
TMI Blog2019 (5) TMI 1940X X X X Extracts X X X X X X X X Extracts X X X X ..... the records. 2. In this view of the matter, learned counsel for the petitioner prays that the case be compounded in view of the very recent judgment of the Hon'ble Supreme Court in Bhangu Trading Co. and another versus Surjit Singh (dead) through LRs, Criminal Appeal Nos. 808 and 809 of 2018 decided on 02.07.2018 and in terms of the subsequent judgment in N.P. Murugesan versus C. Krishnamurthy, Criminal Appeal No.818 of 2018, decided on 04.07.2018. 3. It would be noticed that in the judgments referred to above, on the payment of the outstanding amount, the Hon'ble Supreme Court had compounded the cases by setting aside the convictions. 4. Now, the moot question is whether in absence of the complainant, such a course can be adopted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to appropriate compensation as may be found acceptable to the parties or the Court. iii) Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. iv) Procedure for trial of cases under Chapter XVII of the Act has normally to be summary. The discretion of the Magistrate under second proviso to Section 143, to hold that it was undesirable to try the case summarily as sentence of more than one year may have to be pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whole litigation should be given a quietus. 6. Accordingly, the revision petition is allowed and the judgments of conviction and sentence passed by the learned Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla, on 03/05.07.2017, in Case No.127-3 of 2016, and as upheld by the learned Additional Sessions Judge, Rampur Bushehar, District Shimla, on 15.09.2018, in Criminal Appeal No. 37-R/10 of 2017, are ordered to be set aside. The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. Pending application(s), if any, also stands disposed of. 7. The amount of Rs.36,000/- lying in deposit before the learned trial Court is ordered to be released in favour of respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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