TMI Blog2022 (5) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... elated to dishonour of cheque has a compensatory profile and it should be given precedence to cumulative mechanism. The offence is almost a civil wrong which has been clothed in criminal overtones, therefore, priority should be given to compensatory mechanism. In view of the parties having settled the matter and the amount having been deposited by the petitioner with the respondent-complainant and in the light of consent of the parties, it is deemed appropriate to invoke the power vested by virtue of Section 147 of the Negotiable Instruments Act and allow the compounding of the offence under Section 138 of the Negotiable Instruments Act - petition allowed. - CRR- 1465-2019 (O &M) CRR-1467-2019 (O&M) - - - Dated:- 24-5-2022 - HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr. P.S Hundal, Senior Advocate with Mr. Vikramjit Singh, Advocate for the petitioner Mr. Karanbir Singh, AAG, Punjab. Mr. Aalok Jagga, Advocate and Mr. Harkirat S. Jagdev, Advocate for respondent No.2 ORDER VINOD S. BHARDWAJ. J. 1. This common order shall dispose of two Criminal Revisions bearing CRR-1465 of 2019 and CRR-1467 of 2019 both titled as Parmeshwar Kumar Dixit versus State of P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht for some time so that he may explore the possibility of amicable resolution between the parties and offered to pay the principle amount of the respective cheques in dispute. 7. The aforesaid offer was accepted by learned by the learned counsel for the respondent and a statement was made in Court that in the event the principle amounts in both the complaints is deposited/handed over to the respondent-complainant, they shall not press for the interest on the due amount and would have no objection to the matter being compounded. 8. Learned counsel for the petitioner thus sought for some time to arrange for the requisite finance so as to advance the payment to the respondent-complainant. A sum of Rs.10,00,000/- was handed over to the counsel for the respondent-complainant vide two demand drafts viz. D.D. No. 373296 dated 17.05.2022 and D.D. No. 373299 dated 21.05.2022 drawn on Punjab National Bank, Jamalpur Road, Ludhiana. 9. Hence, the entire amount of Rs. 10,00,000/- which is subject matter of dispute in the instant two Criminal Revision petitions stands paid. Furthermore, the amount of fine so imposed by the trial Court has already been deposited. Learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant that the complainant will not present the same but the complainant has misused the cheques in question by filing the particulars in it. He further pleaded that there exists no liability upon him towards the complainant with regard to the cheques in question and he has never known by the name of Parshwar Kumar Dixit. He opted to lead defence evidence. 7. Accused in his defence had examined DW1 HC Sohan Lal who brought the summoned record with regard to FIR No.22 dated 24.6.2010 under section 420,406 IPC got lodged by Ravinder Singh Sodhi Manager Nahar Industries Private Limited Company Focal Point,Ludhiana and proved the copy of the same as Ex.DW1/A. DW2 Anil Sharma Ahlmad in the court of Mrs Vipindeep Kaur JMIC,Ludhiana who brought the files of complaint titled as Nahar Industries Vs Desire Clothing bearing no.568/2 of 16.3.2010, 124/2 of 10.3.2010, 125/2 of 10.3.2010, 126/2 of 10.3.2010 and complaints bearing no.1127/2 of 1.6.2010, 1128/2 of 1.6.2010 and proved the certified copies of the same as Ex.DW2/A to Ex.DW2/D. DW3 Mohinder Kumar Executive, IDBI Bank Milleer Ganj, Ludhiana who brought the record regarding pay order no.905789 dated 27.11.2009 for Rs. 3,00, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Instruments Act at the stage of appeal as well as revision has come before this Court as well as before the Hon'ble Supreme Court and they have upheld that the powers under Section 147 of the Negotiable Instruments Act can be invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at the revisional jurisdiction and that the courts should be liberal in exercising such powers. 14. The Hon'ble Supreme Court in the matter of K.M. Ibrahim Vs. K.P Mohammed Another, passed in Criminal Appeal No.2281 of 2009 decided on 02.12.2009 held as under:- 5. Appearing for the appellant, Mr. Mukul Rohtagi, learned Senior Advocate, contended that since a specific power had been given to the parties to a proceeding under the Negotiable Instruments Act under Section 147 to compound the offence, there could be no reason as to why the same cannot be permitted even after conviction, which had been affirmed upto the High Court. It was urged that in order to facilitate settlement of disputes, the legislature thought it fit to insert Section 147 by Amending Act 55 of 2002. Such amendment came into effect from 6th February, 2003, and provided that notwithstanding anyth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompound a case as provided for under Section 147 of the Negotiable Instruments Act, the conviction under Section 138 of the said Act should also be set aside. In the case of Vinay Devanna Nayak (supra), the issue was raised and after taking note of the provisions of Section 320 Cr.P.C., this Court held that since the matter had been compromised between the parties and payments had been made in full and final settlement of the dues of the Bank, the appeal deserved to be allowed and the appellant was entitled to acquittal. Consequently, the order of conviction and sentence recorded by all the courts were set aside and the appellant was acquitted of the charge leveled against him. 10. The object of Section 320 Cr.P.C., which would not in the strict sense of the term apply to a proceeding under the Negotiable Instruments Act, 1881, gives the parties to the proceedings an opportunity to compound offences mentioned in the table contained in the said section, with or without the leave of the court, and also vests the court with jurisdiction to allow such compromise. By virtue of SubSection (8), the Legislature has taken one step further in vesting jurisdiction in the Court to also a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 593, to the effect that compromise in question would definitely go a long way to strengthen the mutual relationship between the parties and would serve as an everlasting tool in their favour. Such an exercise would be in consonance with the spirit of Section 147 of the Negotiable Instruments Act. 17. In view of the parties having settled the matter and the amount having been deposited by the petitioner with the respondent-complainant and in the light of consent of the parties, I deem it appropriate to invoke the power vested by virtue of Section 147 of the Negotiable Instruments Act and allow the compounding of the offence under Section 138 of the Negotiable Instruments Act and set aside the impugned judgment dated 29.05.2019 passed by the Additional Sessions Judge Judgment dated 26.02.2015 passed by Judicial Magistrate First Class, Ludhiana and acquit the petitioner of the charges against him, subject to the petitioner depositing a cost of Rs.10,000/- to the High Court Bar Clerks Association. The petitioner, if confined to jail, shall be released forthwith, in accordance with law. Petitions are accordingly allowed in the terms as aforesaid. - - TaxTMI - TMITax - In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
