TMI Blog2023 (7) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... ompounding an offence under Section 138 even at the appellate stage of the proceedings. In the peculiarity of facts and circumstances of the case and in light of the judgment in Damodar S.Prabhu, the petitioner is permitted to compound the offence. However, this Court is not inclined to accept the prayer for waiving off the compounding fee, but considering the mitigating circumstances of the petitioner, the same is reduced and she is ordered to deposit an amount of Rs.10,000/- as costs, with the Haryana State Legal Services Authority on or before 30.07.2023. The judgment of conviction/order of sentence recorded by the trial Court and affirmed by the appellate Court are hereby set aside and petitioner is acquitted of the charges framed ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 138 of the Act, pursuant to which, the accused appeared on 22.11.2013 and was released on bail. On finding prima facie case under Section 138 of the Negotiable Instrument Act 1881, notice of accusation was served upon the accused-petitioner, to which she pleaded not guilty and claimed trial. 3. In order to prove her case, complainant herself entered into the witness box as CW1 and tendered her duly sworn affidavit, Ex.CA in evidence and other documentary evidence. She also examined Ajit Kumar as CW2, who proved the DDR regarding missing cheque. On closure of her evidence, statement of accused-petitioner under Section 313 of Cr.P.C was recorded, she denied all the allegations raised against her and pleaded innocence by stating tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for respondent No.1 also admits the factum of compromise and states that as per the settlement, the complainant has received the agreed amount. Therefore, he has no objection, if the prayer made by the petitioner is accepted. 8. Heard the learned counsel for the parties. 9. This Court on the request made by learned counsel for the parties, vide order dated 10.03.2023, had referred the matter to the Mediation Centre, Ludhiana wherein, the matter has been settled between the parties and the complainant has received the settled amount and submitted that she has no objection, if the offence is ordered to be compounded. 10. It is apposite to refer to the judgment of Hon ble The Supreme Court in B.V.Seshaiah vs. The State of Telanga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Having regard to the salutary provisions of Section 147 of Negotiable Instruments Act read with Section 320 of the Code of Criminal Procedure, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him under Section 138 of the Code. 7. xx xx xx 8. The CRL.M.P. No.12804 of 2009 in which the prayer is made by petitioner to permit him to produce affidavits sworn by him on December 1, 2008 as well as affidavit sworn by P. Kaliappan power of attorney holder of R. Rajathi on December 1, 2008, as additional documents is allowed. CRL. M.P. No.12803 of 2009 in which the petitioner has prayed to permit him to compound the off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Damodar S.Prabhu vs. Sayed Babalal H. 2010(5) SCC 663 has held that in case of dishonour of cheque, accused convicted, there is no stage prescribed for compounding of offence under Section 147 of the Act and it was observed that It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the proceedings had been concluded before the Appellate Forum. However, Section 147 of the aforesaid Act does not bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings. It was further observed that, Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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