TMI Blog2022 (12) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused for imprisonment in all eventualities but there is option to the Court to impose sentence of imprisonment or fine or both. In present case, petitioner is 52% handicapped and has deposited in the Court 10% over and above the amount of compensation and therefore, taking into consideration these facts, it is opined that complainant has been compensated adequately and therefore, substantive sentence of imprisonment imposed upon him is not necessary. Trial Court is directed to release the amount of Rs.15,000/- deposited by the petitioner in the Trial Court alongwith interest, if any, accrued thereon, to the respondent-complainant Pushpa Devi by remitting the same in her Bank Account without issuing notice to petitioner-accused-Rajinder Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant learned counsel, representing her, has communicated refusal of respondent to consent for compounding the case. 4. Learned counsel for the petitioner referring pronouncement of the Supreme Court in Meters and Instruments Private Limited and another versus Kanchan Mehta (2018) 1 SCC 560 has contended that in a case of Negotiable Instrument Act, even in absence of consent of complainant, the Court, in the interest of justice on being satisfied that complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. 5. Learned counsel for the complainant referring JIK Industries Limited and others versus Amar Lal V. Jumani and another reported in 2012(3) SCC 255 has contented that though as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Section 258 Cr.P.C. is not applicable in summons case instituted on complaint. Observations in this regard are related to power of the Trial Magistrate but not with respect to the inherent powers of the High Court. 9. Keeping in view the provisions of Section 147 of Negotiable Instruments Act coupled with inherent power of the High Court under Section 482 Cr.P.C., in the interest of justice, High Court is not precluded from compounding the case in absence of consent of complainant where complainant is duly compensated as Section 138 of the Negotiable Instrument Act does not provide that it is mandatory for the Court to sentence respondent-accused for imprisonment in all eventualities but there is option to the Court to impose sentence o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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