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TMI Blog2022 (9) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... amp Jahajpura, District Bhilwara in Criminal Appeal No.08/2010 may kindly be quashed and set aside. Further, the order dated 29.04.2010 passed by the learned J.M. (J.D.) in case no.82/2003 may kindly be quashed and set aside." Learned counsel for the petitioner submits that a complaint was filed under Section 138 Negotiable Instrument Act, 1881 for a cheque to the tune of Rs.1,57,000/- on 18.12.2002. The complaint was allowed vide order dated 29.04.2010 and one year's simple imprisonment and penalty of Rs.2,00,000/- was imposed upon the petitioner. Thereafter, the petitioner preferred an appeal before the learned appellate court and also preferred an application under Section 258 of the Cr.P.C. alongwith demand draft of Rs.4,71,000/- s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g mainly with the object of enforcing the 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." Learned counsel for the respondent opposes the application on merits and submits that he does not give consent to any kind of closure of proceedings on payment being made. After hearing counsel for the parties and perusing the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties have placed reliance on a decision of Supreme Court in case of Damodar S. Prabhu vs Sayed Babalal H [2010(5) SCC 66]. Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent No.2 had accepted the sum towards full and final settlement of the cheque, on the satisfaction of the complainant and in the light of provisions of Section 147 of NI Act and in view of law laid down by the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. (supra), the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. However, since the compromise has been arrived at after rejection of the appeal preferred by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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