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TMI Blog2023 (9) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... 2-N/10 of 2018, whereby the judgment dated 24.09.2018, passed by learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No. 37/3 of 2016, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. The complainant-Kalyan Singh and accused-Lal Singh were acquainted with each other and on 20.08.2015, the accused approached the complainant with a request to lend him Rs.30,000/- for his domestic needs. The complainant acceding to the request of the accused gave Rs.30,000/- to him and the accused, in order to discharge his financial liability, issued a post dated cheque No. 404282, dated 10.10.2015, drawn at State Bank of India, Rajban. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y settingaside the judgment of conviction and order of sentence dated 24.09.2018, passed by learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No. 37/3 of 2016 and affirmed vide judgment dated 21.04.2023, passed by learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P., in Criminal Appeal No. 92-N/10 of 2018. 7. Today, complainant-Kalyan Singh as well as the petitioner-Lal Singh are present in person before this Court and the statement of complainant, who is duly represented and identified by Mr. Rajendera Gulati, Advocate, is separately recorded and placed on the file. 8. In his statement, respondent-Kalyan Singh stated that on the basis of his complaint under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent and the complainant has no objection in compounding the offence, therefore, this Court sees no impediment in accepting the prayer made on behalf of the accused-petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H., (2010) 5 SCC 663, wherein the Hon'ble Apex Court has held as under:- "10. At present, we are of course concerned with Section 147 of the Act, which reads as follows:- "147. Offences to be compoundable- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable." At this point, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he CrPC, especially keeping in mind that Section 147 carries a non obstante clause." 11. In K. Subramanian Vs. R. Rajathi; (2010) 15 Supreme Court Cases 352, it has been held by the Hon'ble Apex Court that in view of the provisions contained in Section 147 of the Act read with Section 320 of Cr.P.C., compromise arrived at can be accepted even after recording of the judgment of conviction. The relevant portion of the judgment is reproduced as under:- "6. Thereafter a compromise was entered into and the petitioner claims that he has paid Rs. 4,52,289 to the respondent. In support of this claim, the petitioner has produced an affidavit sworn by him on 1.12.2008. The petitioner has also produced an affidavit sworn by P. Kaliappan, Power of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court. 13. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon'ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. The compounding fee in the sum of Rs.2250/- has already been deposited by the petitioner before H.P. State Legal Services Authority, as per the directions of this Court. 14. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction and order of sentence dated 24.09.2018, passed by the learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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