TMI Blog2023 (10) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... REME COURT ], 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. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the complainant, as per the compromise deed, dated 29.09.2023, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed 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 present matter is ordered to be compounded and the impugned judgment of conviction is quashed and set aside - the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Imposition of Compounding fee - HELD THAT:- Undisputedly, the total amount of cheque is Rs.1,60,000/-, however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of compounding fee may be reduced - In case K. Subramanian vs. R. Rajathi [ 2009 (11) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foresaid cheque, on being presented for encashment by the complainant, was dishonored with the remark insufficient funds . Subsequently, on 08.07.2009 the complainant issued legal notice to the accused-petitioner demanding her amount, but the accused-petitioner did not make any payment to the complainant within the stipulated time. Therefore, the complainant filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter, for the sake of brevity, referred to as the NI Act ) before the learned Trial Court. 4. The learned Trial Court after conclusion of the trial convicted the accused under Section 138 of the NI Act and sentenced him to undergo simple imprisonment for a period of six months and to pay a sum of Rs.2,00,000/- as compensation to the complainant. 5. Being dissatisfied, the accused/petitioner/convict preferred an appeal before the learned Lower Appellate Court, which was dismissed and the judgment of the learned Trial Court was upheld. Hence, accused/petitioner/convict- Deepak Verma preferred the instant petition under Section 397 Cr.P.C. with a prayer that his petition may be allowed and the impugned judgments and order of sentence passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf 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 would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the Negotiable Instruments Act, 1881 is controlled by Section 147 and the scheme contemplated by Section 320 of the Code of Criminal Procedure (hereinafter CrPC ) will not be applicable in the strict sense since the latter is meant for the specified offences under the Indian Penal Code, 1860. 11. So far as the CrPC is concerned, Section 320 deals with offences which are compoundable, either by the parties without the leave of the court or by the parties but only with the leave of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pursuant to which he has received a sum of Rs.4,52,289. In the affidavit filed by the respondent a prayer is made to permit the petitioner to compound the offence and close the proceedings. 8. Having regard to the salutary provisions of Section 147 of the 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. 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the complainant, as per the compromise deed, dated 29.09.2023, prayer for compounding the offence can 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. 14. Accordingly, the present matter is ordered to be compounded and the impugned judgment of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the private parties. Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in the interest of uniformity. The competent court can of course reduce the costs with regard to the specific facts and circumstances of a case, while recording reasons in writing for such variance. Bona fide litigants should of course contest the proceedings to their logical end. 17. Therefore, taking into consideration the law laid down by the Hon ble Apex Court (supra) and the financial condition of the petitioner, as he is a poor person, since the competent Courts can reduce the compounding fee with regard to the specific facts and circumstances of the case, the petitioner is directed to deposit token compounding fee of Rs.8,000/- (rupees eight thousand), i.e., 5% of the cheque amount, only with the State Legal Services Authority, Shimla, H.P., within four weeks from today. 18. The petition stands disposed of accordingly, so also the pending miscellaneous application(s), if any. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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