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TMI Blog2024 (12) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... eal No. 1543 Of 2003 With Criminal Application No. 1344 Of 2015, Criminal Revision Application No. 38 Of 2007, Criminal Application No. 413 Of 2016. - - X X X X Extracts X X X X X X X X Extracts X X X X ..... ent - Complainant in Criminal Revision Application (for short "CRA") Nos. 373 of 2016, 374 of 2016, 375 of 2016 and 376 of 2016 and Dr. Krishnaiyer, learned APP for the State on 19.11.2024, the following order was passed:- "1. Heard learned Advocates and learned APPs appearing for the respective parties in all Revision Applications. 2. The submissions advanced by learned Advocates in serial Nos.15, 16, 17, 18, 21, 35, 47 and 49 have been heard by me. The learned Advocates have relied upon several decisions of the Supreme Court, as also this Court. The aforesaid matters pertain to the parties proposing to file Consent Terms in matters under Section 138 of Negotiable Instruments Act, 1881 (for short 'the said Act') which have travelled to this Court in Revision proceedings. Since all these matters pertain to deciding a common question of law as to whether this Court would be empowered under Section 397 of Code of Criminal Procedure to accept Consent Terms as a sequitur of which it would lead to compounding of the offence is required to be decided by this Court. 3. In the present cases at serial Nos.15, 16, 17, 18, 21, 35, 47 and 49 it is seen that parties have referred to the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid decisions he has made following submissions:- 6.1. He would submit that the scope of Revisional jurisdiction of High Court under Section 401 of Cr.P.C. is limited and the Courts have held that invoking this Section to re-appreciate the evidence and come to its own conclusion, in particular when the evidence has already been appreciated by the Magistrate as also Sessions Court in Appeal is not permissible. He would submit that for the High Court to interfere in two concurrent findings of conviction there must be either a gross miscarriage of injustice or total non-consideration of facts as held by the Supreme Court in the case of State of Kerela Vs. PIJ Namboodiri 1992 2 SCC 452. He would submit that similarly it is held by the Supreme Court in the case of T.P. Murugan Vs. Bojan 2008 8 SCC 469 that mere doubt in the admitted evidence cannot be interfered with, in Revisional jurisdiction in the event of concurrent findings. 6.2. He would submit that the Courts have also held that the Revisional Court also enjoy power conferred upon the Appellate Court by virtue of powers contained in Section 401 of Cr.P.C. He would submit that Section 401 Cr.P.C. is a provision enabling the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt as held in Damodar S. Prabhu (7th supra). The compounding provision has also been discussed in the subsequent judgements of the Supreme Court with respect to the mode and manner of compounding and it explains the difference between quashing of a case and compounding. The distinction between Quashing and compounding is also well explained and it is held that in Quashing, the Court applies it in order to quash the impugned order however, in compounding the consent of the injured party is required to compound the offence. Further, it was also held that there is no reason to refuse a compromise between the parties, however the procedure relating to compounding under Section 320 Cr.P.C. cannot be given a go-by as held by the Supreme Court in the cases of Vinay Nayak Vs. Ryot Seva Saharkari Bank Ltd. 2008 2 SCC 305., and JIK Industries (6th supra). (iii) The third option available to the Accused may not be applicable in all Criminal Revisions but for those cases where during the pendency of Appeals and Revisions, some sentence was served by the Accused and in view of the compromise it is possible for the Court of Revisional jurisdiction to modify the sentence without interfering wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incorporated as penal offences. For example, the object of section 498-A was to strike at the root of menace of dowry and to prevent crimes against women. There are various examples of a similar kind where penal provisions have been introduced to sub-serve the purpose of proper administration of justice and protection to individuals. Every crime committed has dual consequences. Firstly it affects the victim adversely. Secondly it disturbs the fabric of the society. It may even introduce an element of fear psychosis in human relationships and thus prejudice harmony in humanity. In the case of Vinay Devanna Nayakv. Ryot Seva Sahakari Bank Ltd., 2008 (1) Bom. C.R. 523, the Supreme Court while dealing with an offence under section 138 of the Negotiable Instruments Act observed as under: "11. It is no doubt true that every crime is considered to be an offence against the society as a whole and not only against an individual even though an individual might have suffered thereby. It is, therefore, the duty of the State to take appropriate action against the offender. It is equally the duty of a Court of law administering criminal justice to punish a criminal. But there are offences and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused convicted for a commission of a non-compoundable offence only on the ground that compromise has been entered into between the convict and the informant/complainant." 19. .....The order of conviction would have to be tested by the appellate Court/revisional Court on merits and if the Court finds it necessary to maintain the conviction, the compromise entered into would be only a factor to be considered while imposing appropriate sentence. In other words while maintaining the conviction for a non-compoundable offence the fact that after such conviction the parties have entered into a compromise would be a mitigating factor to be taken into consideration while awarding appropriate sentence." (iii) In the judgment of the Supreme Court in the case of Yogendra Yadav and Ors. Vs. State of Jharkhand & Anr. 2014 AIR (SC) 3055 paragraph No. 4, reads thus :- "4. Now, the question before this Court is whether this Court can compound the offences under Sections 326 and 307 IPC which are non-compoundable? Needless to say that offences which are non-compoundable cannot be compounded by the court. Courts draw the power of compounding offences from Section 320 of the Code. The said prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, once an-application is made under this section either to the High Court or to the Sessions Judge no further application can be made by such person to the other in view of the specific bar contained in sub-section (3) of section 397 which reads: "(3) If an application under this section has been made by any person either to the High Court or to the Sessions judge no further application by the same person shall be entertained by the other of them". Section 482 of the Cr. P.C. deals with the inherent powers of High Court. It provides: "482. Saving of inherent powers of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." The principles in relation to the exercise of inherent powers of the High Court, which have been followed ordinarily and generally, almost invariably, barring a few exceptions, were set out by the Supreme Court in Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551 : AIR 1978 SC 47, 50 in the following terms: "(1) That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fields. Sections 482 confers a separate and independent power on the High Court to pass orders ex debito justitiae to prevent abuse of the process of the Court or to secure the ends of justice. This inherent power of the High Court, as observed by the Supreme Court in Raj Kapoor, Supra, does not stand repelled when the revisional power under section 397 overlaps. In a given case, the High Court is not precluded from treating a petition filed under section 397 as a petition under section 482 and to grant necessary relief, if it is satisfied that it is necessary to do so to prevent an abuse of the process of the Court or for the purpose of securing the ends of justice. Nothing contained in subsection (3) of section 397 can come on the way of doing so, However, this inherent power being extraordinary, must be exercised sparingly and with restraint. (v) In the case of Kamla Devi Vs. Uttam Chand 2016 Cri.L.J. 3297 passed by the learned Single Judge of the Himachal Pradesh High Court, paragraph Nos. 7 and 8 reads thus :- "7. Moreover, this Court has ample power to treat the present petition under Section 482 Cr.PC, which gives inherent powers to the High Court to make such orders as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that distinction has to be maintained between converting an appeal to a revision and converting a revision to an appeal; be it in any jurisdiction which provides for appellate and revisional interference." 10. In view of the aforesaid decisions on the issue at hand, I appoint Mr. Faiz Merchant, learned Advocate and Counsel practicing in this Court to assist the Court in garnering the legal decisions and to place them before the Court and assist the Court as Amicus Curiae in the present case to determine the question framed in paragraph No. 2 herein above. 11. Registry is directed to give a copy of all Revision Applications alongwith a compilation of judgments referred to herein above to Mr. Merchant within a period of one week from today. 12. List the present group of matters together on 29th November, 2024. To be placed under the caption 'For Directions'." 2. By the above order, I appointed Mr. Faiz Merchant, learned Advocate and Counsel practicing at the Bar as Amicus Curiae to assist the Court to answer the following question framed by me in paragraph No. 2 of the above order in view of parties persuading me to take on record Consent Terms of compromise arrived between th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Consent Terms and urged the Court to accept them on record in the interest of justice and put a quietus to the matter by forgoing the conviction and sentence in view of the Consent Terms. In some cases, Affidavit of Consent is filed by the Complainant which is placed on record. 7. Learned Amicus Curiae and Advocates for parties have addressed the Court for determination of the aforesaid question. I have endeavoured to capture and reproduce their submissions mad herein below. 8. Before I proceed to advert to the submissions made, briefly stated, the present set of matters are all Revision Applications filed under Section 397 of Cr.P.C.. Hence, at the outset, it would be suitable to delineate the relevant provisions of applicable statutes which would enable me to consider their submissions for deciding the question of law framed by me. 9. The fundamental provision is Section 397 of Cr.P.C. It reads thus:- "397. Calling for records to exercise powers of revision.- (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ert a finding of acquittal into one conviction. (4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly." 10.1. In view of sub-section (1) of Section 401, the next relevant provision for consideration is Section 391 of Cr.P.C. It pertains to power of the Appellate Court to take further evidence or direct it to be taken. Section 391 of Cr.P.C. reads thus:- "391. Appellate Court may take further evidence or direct it to be taken.- (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s with a non-obstante clause and states that notwithstanding anything contained in the Cr.P.C., every offence punishable under the N.I. Act shall be compoundable (emphasis supplied). Section 147 of N.I. Act reads thus:- "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. 13.1. The statement of objects and reasons of the Negotiable Instruments (Amendment Act 55 of 2002) Act, 1881 is relevant. Clause 4 of the said statement of objects and reasons and the relevant sub-clauses thereunder are reproduced herein below:- "4. Keeping in view of the recommendations of the Standing Committee on Finance and other representations, it has been decided to bring out, inter alia, the following amendments in the Negotiable Instruments Act, 1881, Namely:-- (i) to (vi) xxxxx (vii) to make the offences under the Act compoundable; (viii) to (xi) xxxxx" 14. There is one more statutory provision which is required to be quoted which is utilised by parties to compromise and get Consent Terms accepted by Court and seek compounding of the offence. It is seen that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. (5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the Court, from which the reference has been received under sub-section (1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the matter without imposing costs, rather direct deposit of costs to the Applicants. 16.1. He would majorly rely on the provisions of Section 147 of N.I. Act to contend that the said statutory provision is the precursor provision enabling the parties to file Consent Terms. He would submit that Section 147 of N.I. Act begins with a non-obstante clause and states that notwithstanding anything contained in the Cr.P.C., every offence punishable under the N.I. Act shall be compoundable. He would contend that it implies that there is no prohibition in the N.I. Act against compounding of an offence punishable under the N.I. Act. He would submit that in the absence of any such prohibition, once the Court finds that parties have settled the matter by filing Consent Terms, it would be appropriate for the Court to allow Applicants to compound the offence rather than negating such a Compromise / Settlement between parties and force the parties to remain in Court and / or file a quashing petition under Section 482 of Cr.P.C. 16.2. He would submit that a conjoint reading of the provisions of Sections 397 with 401 of Cr.P.C. and Section 147 of N.I. Act would entail that any rejection of a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rivate parties involved in the commercial transaction. He would submit that in the larger interest of justice and the parties entering into compromise, it is the compensatory aspect of the remedy which should be given priority by the Court over the punitive aspect in such cases. 16.5. He would submit that though compounding would require consent of the Complainant but in a given case, based on its facts, the Supreme Court has exercised its power under Article 142 of the Constitution of India after considering totality of the facts and circumstances in a given case and has been of the considered view that proceedings in such cases must come to an end. He would fairly submit that this Court does not have this unbridled power. 16.6. However, he would next submit that Sections 397 to 401 of Cr.P.C. confer a sort of supervisory jurisdiction on the higher and superior Courts to correct manifest illegality resulting in gross miscarriage of justice. He would submit that having regard to the statutory provisions of Section 147 of N.I. Act read with Section 320 of Cr.P.C., in view of the compromise arrived at between parties, Applicants in Revision Applications should be permitted by this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) Raj Reddy Kallem (supra); (ii) Ajay Kumar Radheyshyam Goenka Vs. Tourism Finance Corporation of India Limited (2023) 10 SCC 545; (iii) K. Subramanian (supra); (iv) Ram Briksh Singh and Ors. Vs. Ambika Yadav and Anr. (2004) 7 SCC 665; (v) Roshan Lal Vs. Tej Ram Thakur Cri. Revn. No.664 of 2024 - Decided on 03.12.2024 (Himachal Pradesh HC).; (vi) Prakash Chandel Vs. Rajeev Chauhan Cri. Revn. No. 28 of 2024 - Decided on 29.11.2024 (Himachal Pradesh HC); (vii) Din Dayal Yadav (supra); (viii) Ramesh Chand Vs. Hoshiyar Singh Cri. Revn. No.515 of 2024 - Decided on 27.11.2024. (Himachal Pradesh HC); (ix) Rajat Kumar Vs. Deepan Sharma Cri. Revn. No.603 of 2023 - Decided on 26.11.2024. (Himachal Pradesh HC); (x) Lalit Kumar Vs. Mahant Kumar Cri. Revn. No.762 of 2024 - Decided on 21.11.2024. (Himachal Pradesh HC); (xi) Somi Vs. Ved Ram @ Ved Singh & Anr. Cri. Revn. No.367 of 2023 - Decided on 19.11.2024. (Himachal Pradesh HC); (xii) Khumbiya Ram Vs. HP State Co-op Agriculture & Rural Development Bank Cri. Revn. No. 229 of 2024 - Decided on 18.11.2024. (Himachal Pradesh HC); (xiii) Subhash Chander Amrohi Vs. Bank of India CRR-2798-2011 (O&M) - Decided on 13.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nferred on the appellate court by virtue of the provisions contained in Section 410 CrPC. Section 401 CrPC is a provision enabling the High Court to exercise all powers of appellate court, if necessary, in aid of power of superintendence or supervision as a part of power of revision conferred on the High Court or the Sessions Court. Section 397 CrPC confers power on the High Court or Sessions Court, as the case may be, "for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed and as to the regularity of any proceeding of such inferior court." It is for the above purpose, if necessary, the High Court or Sessions Court can exercise all appellate powers. Section 401 CrPC conferring powers of appellate court on the revisional court is with the above limited purpose. The provisions contained in Section 395 to Section 401 CrPC, read together, do not indicate that the revisional power of the High Court can be exercised as a second appellate power." 17.1. On the basis of the above, he would submit that in a given case, if necessary, the High Court or Sessions Court can exercise all Appellate powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as costs, if Application for compounding is made before the High Court or the Sessions Court. He would submit that compounding provision has been discussed in subsequent judgements of the Supreme Court with respect to the mode and manner of compounding which explains the difference between quashing and compounding of a case. He would submit that in quashing, Court passes an order to quash the impugned order however in compounding consent of the aggrieved party is required to compound the offence. He would submit that only under Article 142, only Supreme Court can allow compounding even in the absence of consent in the larger interest of justice. In this regard, he has drawn my attention to the decision of the Supreme Court in the case of Vinay Nayak Vs. Ryot Seva Sahakari Bank Ltd. (2008) 2 SCC 305 wherein it is held that there can be no reason to refuse a compromise between parties, however, the procedure relating to compounding under Section 320 Cr.P.C. cannot be given a go-by. (iii) Thirdly, in cases where part of the sentence is clearly undergone / suffered by Applicant / Accused, in those cases on compromise being proposed, Court in its Revisional jurisdiction may modify th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do not involve an individual. On the issue of awarding costs, he would submit that the same is entirely at the discretion of the Court in the facts and circumstances of each case, but would urge the Court to award only token costs if parties have undergone the entire gamut of trial followed by Appeal and at a much belated stage after conviction approached the High Court for effecting a compromise. He would submit that the state machinery is undoubtedly burdened for the trial, appeal and revision proceedings and therefore it would be at the discretion of the High Court to award / impose costs subject to consideration of the timeline, stage and facts in each case. 18. Mr. Raut, learned Advocate appearing for the Respondent - Complainant in CRA No. 369 of 2023 has also addressed the Court and made the following submissions:- 18.1. He would submit that on perusal of Section 147 of N.I. Act, it can be fairly conceived that the purport of the said Section is to provide for a prescription so as to compound every offence committed under the N.I. Act, however the said Section does not provide legislative guidance as to how and at what stage can the offence be compounded. He would submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of offence is concerned. He would submit that Section 320 of Cr.P.C. provides for the offences under IPC which can be compounded, however Section 147 of N.I. Act begins with a non-obstante clause ousting the applicability of the provisions of Cr.P.C. He would submit that even if assuming that provisions of Cr.P.C. cannot be given a go-by while compounding an offence, Section 320(6) of Cr.P.C. empowers the High Court and the Sessions Court to compound the offence even while exercising its Revisional jurisdiction. 18.4. He would submit that, the Supreme Court in the case of K.M. Ibrahim (supra) in paragraph No. 12 has held that Section 147 of N.I. Act does not bar the parties from compounding an offence under Section 138 of N.I. Act even at the appellate stage of the proceedings. 18.5. He would submit that as Cr.P.C. does not contemplate a Second Appeal from the order of Appellate Court, this Court can act as an Appellate Court even while exercising jurisdiction under Section 397 of Cr.P.C. to reverse the erroneous findings rendered by the Courts below. Hence, while enjoying appellate powers, compromise can be allowed by this Court. 19. Mr. Pabari, learned Advocate for Applicant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it that quashing and compounding of matters are under two different powers of the Court. She would submit that offence under Section 138 of N.I. Act is a civil wrong as held by the Supreme Court in the case of B.V. Seshaiah (supra). She would heavily rely on the decision of the Supreme Court in the case of Damodar S. Prabhu (supra) and the decision of the Single Bench of Himachal Pradesh High Court in the case of Din Nath (supra) and would submit that this Court in its Revisional jurisdiction will have power to take Consent Terms on record and permit compounding of the offence under Section 138 of N.I. Act, resultantly setting aside the conviction and sentence even at such belated stage after conviction, but it would be prudent to award costs as stated in the Guidelines laid down by the Supreme Court in the larger public interest in view of the legal system being used and over burdened by the parties. 22. I have heard the learned Advocates appearing for the Revision Applicants and Respondents as also the learned Amicus Curiae and with their able assistance perused the record of each matter as also the plethora of judgements cited on the issue at hand. Submissions made by them have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. 26. From the above, it is seen that for the reasons recorded the Supreme Court has suggested Guidelines for compounding of the offence under N.I. Act at any stage of the proceedings by directing the Accused to pay either 10% or 15% or 20% of the cheque amount by way of costs as a condition precedent as it is an offence of dishonour of cheque and it is the compensatory aspect of the remedy which should be given priority over the punitive aspect. These Guidelines are issued with regard to cheque bounce cases and were framed at the instance of the learned Attorney General urging the Supreme Court to frame such Guidelines as a graded scheme for imposing costs on parties who unduly delay compounding of the offence and approach the Court at a much belated stage. We cannot lose sight of the fact that compounding can be done only with the consent of the Complainant. It is seen that submissions before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the N.I. Act. The Supreme Court also explained that the scheme for compounding of offences contemplated under Section 320 of Cr.P.C. cannot be followed in a strict sense and in view of the legislative vacuum, there was no hurdle to the endorsement of the suggestions made by the learned Attorney General which were primarily designed to discourage litigants from unduly delaying the compounding of the offence in cases involving Section 138 of N.I. Act. The Supreme Court held that even though the imposition of costs by the Competent Court is a matter of discretion, the scale of costs was suggested in the interest of uniformity. It however also held that the Competent Court can reduce the costs with regard to the specific facts and circumstances of each case by recording reasons in writing for such variance. 27. It is seen that if parties make an Application for compounding, then applying the above Guidelines, costs will have to be directed to be paid. Hence to circumvent payment of costs, parties do not approach the Court for compounding of the offence directly. The Applicant / Accused first settles the matter with the Complainant, enters into Consent Terms and files them in Court an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . This may be one of the reason as to why Application for compounding of such offence is not filed by parties directly in this Court and they choose to tender Consent Terms and persuade the Court to take them on record and seek compounding of the offence in Revision proceedings to avoid paying costs suggested under the Guidelines in the case of Damodar S. Prabhu (supra) alluded to herein above. This is precisely the reason why I have quoted the provisions of the Legal Services Authority Act, 1987 which enable the parties to tender Consent Terms and put an end to their lis in such Section 138 matters without being burdened by the unpleasant spectre of costs in Lok Adalat proceedings. 30. Hence, I am in complete agreement with the submissions made by the learned Amicus Curiae as also Mr. Raikar. Direction for deposit of costs in such matters which are compromised belatedly should be awarded by the Court as held by the Supreme Court, since such an Application for compounding / compromise made after several years not only results in the burdening of the system but the Complainant is also deprived of effective justice at the right time. I am of the opinion that the proposition of direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quashed in proceedings under Section 482 of the CrPC." 96. In a compromise, consensus between the parties to give and take is more important and in a compounding, decision of the victim of the offence not to prosecute and not to continue with prosecution is more important." 33. The decision of the Supreme Court in the case of JIK Industries Limited and Others (supra) follows the decision of the Supreme Court in the case of Damodar S. Prabhu (supra) and holds that there is no reason to refuse compromise between the parties in view of the scope of Section 147 of N.I.Act. 34. As against this, it is seen that where such pending 138 matters are settled before the Lok Adalat, the Consent Terms / Compromise / Settlement are accepted and taken on record and Guidelines laid down by the Supreme Court for awarding costs are infact not implemented. In such cases which are settled on the basis of Consent Terms and Compromise between parties, there are no orders passed for deposit of costs as per the Guidelines given in the case of Damodar S. Prabhu (supra) and indirectly the Applicant / Accused benefits. 35. In view of my above observations and findings and the ambit and scope of Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicants to compound the offence. The costs as directed in each of the four matters shall be deposited with the Maharashtra State Legal Services Authority within a period of four weeks from today. Considering the submissions made by Mr. Raikar and more importantly the timeline in the above matters, the aforesaid costs are directed to be deposited by Applicants in view of the legal system having been burdened with the Trial Court proceedings, Appeal Court proceedings and the present Revision Court proceedings. 37.1. CRA Nos. 373 of 2016, 374 of 2016, 375 of 2016 and 376 of 2016 are allowed in terms of Consent Terms. Accordingly, Civil Contempt Petition No. 510 of 2017 is disposed. Criminal Revision Application No. 369 Of 2023:- 38. In CRA No. 369 of 2023, it is seen that the amount of dishonoured cheque is Rs. 25,753/- and the fine amount imposed by the learned Trial Court is Rs.27,000/-. Parties have filed Consent Terms dated 09.12.2024 stating that they have settled their disputes inter se and Applicant has agreed to pay an amount of Rs. 1,20,000/- by way of one time settlement amount to Respondent - Original Complainant. In view of the above, the Consent Terms given by parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unts to Rs. 3,08,725/- in the District Court, Pune. Both legal heirs of original Complainant have stated in their Affidavits that they have received the aforesaid amount alongwith all accrued interest. Their Affidavits are filed with Interim Application No. 3830 of 2024 on record. In these facts, the CRA is allowed to be compromised and settled by taking on record the Affidavits of the legal heirs. 39.3. In the above facts and circumstances, I am inclined to direct the Revision Applicant to deposit costs of Rs. 2,000/- with the Maharashtra State Legal Services Authority to be paid within a period of four weeks from today. Subject to the deposit of costs as directed, the conviction and sentence of Revision Applicant is quashed and set aside and he is allowed to compound the offence on the above terms and conditions. 40. CRA No. 152 of 2007 is allowed and disposed in the above terms. Criminal Appeal No. 1543 of 2003 with Criminal Application No. 1344 of 2015 alongwith Criminal Revision Application No. 38 of 2007 with Criminal Application Nos.413 of 2016 and 565 of 2016:- 41. In CRA No. 38 of 2007, conviction of Applicant - Accused under Section 420 of IPC passed by the Trial Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited with the JMFC Court, Thane in SCC No. 4709 of 2012 and the amount of Rs. 70,000/- deposited in this Court shall be withdrawn unconditionally by the legal heirs of the original Complainant i.e. Respondent Nos.2(a) to 2(d) herein who have been brought on record pursuant to this Court's order dated 09.07.2024. The Consent Terms are taken on record, accepted and marked as "X-4" for identification and accepted by the Court. 42.1. On hearing Mr. Pabari and Mr. Malpathak and perusing the record of the case, in the above facts and circumstances on the basis of the Consent Terms, I am inclined to direct the Revision Applicant to deposit costs of Rs. 1,500/- with the Maharashtra State Legal Services Authority to be paid within a period of four weeks from today. Subject to deposit of costs as directed, the conviction and sentence of Revision Applicant is quashed and set aside and he is allowed to compound the offence on the above terms and conditions. Registry of the Trial Court and this Court where the above amounts of Rs. 30,000/- and Rs. 70,000/- are deposited shall permit the Respondent Nos.2(a) to (d) to withdraw the above amounts either in the name of Respondent Nos.2(a) i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od of four weeks from today as directed, the conviction and sentence of the Applicants in CRA Nos. 474 of 2007 and 475 of 2007 is quashed and set aside. 43.3. Accordingly, CRA Nos. 474 of 2007 and 475 of 2007 are allowed and disposed in terms of the Compromise Pursis and the Mediation Reports in the above terms. Criminal Revision Application No. 156 of 2015 and Criminal Revision Application No. 158 of 2015:- 44. Mr. Tadake, learned Advocate appears for the Applicant, who is original Accused and Mr. Kadam, learned Advocate appears for Respondent - Complainant in CRA Nos. 156 of 2015 and 158 of 2015. They have tendered across the bar common Consent Terms dated 17.12.2024 entered into between parties and would submit that the parties have settled the matter amicably. From perusal of the Consent Terms, it is seen that Applicant has agreed to pay Rs. 11,00,000/- as full and final settlement amount to the Respondent - Complainant in three tranches as delineated in the Consent Terms. 44.1. In that view of the matter and the above judgement, I am inclined to take the Consent Terms on record. Common Consent Terms dated 17.12.2024 are taken on record, accepted and marked "X- 5" for ident ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case to decide about the amount already deposited and proposed to be deposited by Mr. More since Complainant is not available before Court. Considering that in view of the judgement passed today in the above matters, this Court will have to consider the present Applicant's case on its own facts and merits in the absence of the Complainant and his consent. 47. Hence, in view of the above peculiar facts, list CRA No. 380 of 2002 separately for hearing on 14th January 2025. Criminal Revision Application No. 585 of 2002:- 48. In so far as this CRA is concerned, it is seen that Advocate has been appointed through Legal Aid to represent and espouse the cause of Applicant. Conviction by Trial Court in this case is to pay fine of Rs. 3,000/- and in default suffer simple imprisonment for 15 days. Applicant / Accused pleaded guilty before the Trial Court. Trial Court did not order payment of any compensation. Complainant being aggrieved filed CRA No.788 of 2002 before Sessions Court on the ground that leniency was shown to Accused by the Trial Court while passing the sentence. Sessions Court by order dated 23.04.2002 allowed the Appeal and remanded back the matter to the Trial Court with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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