TMI Blog2023 (11) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... . RAJATHI REP. BY P.O.A.P. KALIAPPAN [ 2009 (11) TMI 1013 - SUPREME 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 and has paid the entire amount of cheques to the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. The application is allowed and matter is ordered to be compounded. - The Hon ble Mr. Justice Sushil Kukreja , Judge For the petitioner: Mr. D. N. Sharma , Advocate For the respondent: Mr. Rishabh Chauhan , Advocate ORDER Sushil Kukreja , Judge ( oral ) The instant petition has been filed by the petitioner-accused under Sections 397 and 401 of the Code of Criminal Procedure (for short Cr.P.C. ) against judgment dated 30.05.2023, passed by the learned Additional Sessions Judge(I), Shimla, in criminal Appeal No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by learned Additional Sessions Judge (I), Shimla, District Shimla, H.P., in Criminal Appeal No. 63-S/10 of 2022. 7. Today, the complainant-Shri Kapil Sharma is present before this Court and his statement has been recorded and separately placed on the file. 8. In his statement, the complainant-Kapil Sharma stated that on the basis of his complaint under Section 138 of the NI Act, the petitioner was convicted by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., vide judgment of conviction dated 05.08.2022 and order of sentence dated 31.08.2022 and was sentenced to undergo simple imprisonment for a period of one year and to pay compensation of Rs.6,00,000/-, which was affirmed by the learned Additional Sessions Judge-I, Shimla, District Shimla, H.P., vide judgment dated 30.05.2023. He has further stated that now, during the pendency of the instant revision petition, they have settled the matter, as he has received the entire amount of cheques from the petitioner in full and final settlement of the complaint and entered into a compromise, vide compromise deed, Annexure A-1. He has also stated that he has no objection in case the judgment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereby serving as an exception to the general rule incorporated in sub-section (9) of Section 320 of the CrPC which states that No offence shall be compounded except as provided by this Section . A bare reading of this provision would lead us to the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded. However, since Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the 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 pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 138 of the Act. Bail bonds, if any, stand discharged. 15. Undisputedly, the total amount of the cheques is Rs.3,02,790/- (Rs.2,24,760/- + Rs.78,030/-), however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of compounding fee may be reduced. 16. In case K. Subramanian vs. R. Rajathi (supra), the Hon ble Apex Court had issued the guidelines with respect to the imposition of compounding fee, which read as under:- THE GUIDELINES (i) In the circumstances, it is proposed as follows : (a) That directions can be given that the writ of summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the Court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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