2004 (1) TMI 707 - HC - Indian Laws

Summary

Issues:
- Compounding of the offence under Sec.138 of The Negotiable Instruments Act
- Interpretation of Sec.147 of The N.I. Act
- Legal implications of settlement between parties
- Effect of compounding on conviction and sentence

Analysis:

1. The judgment pertains to a case where the petitioner was tried and convicted under Sec.138 of The Negotiable Instruments Act. The petitioner challenged the judgment and order of sentence in the higher courts, leading to the present Criminal Revision Application before the High Court.

2. The Court noted that the parties had settled the matter out of court, with the complainant confirming the acceptance of a certain amount and compounding the offence. The petitioner sought acquittal based on this settlement.

3. The Court considered the amendment in the N.I. Act which made the offence compoundable under Sec.147. The prosecution raised questions regarding the timing of the settlement in relation to the amendment and the relevance of the date of the offence or first conviction.

4. The Court analyzed the language of Sec.147, emphasizing that every offence under the Act shall be compoundable, allowing parties to settle the criminal wrong and request the Court for acquittal. The presence of the complainant and his withdrawal from prosecution due to the compromise led to the annulment of the conviction and sentence.

5. The Court compared Sec.147 of The N.I. Act with Sec.320 of CrPC, highlighting the straightforward compoundable nature of the offence under the former. The Court concluded that the effect of compounding is akin to acquittal, and the date of the offence or first conviction is irrelevant under Sec.147.

6. Ultimately, the Court accepted the parties' say and quashed the conviction and sentence imposed on the petitioner, acquitting them of the offence under Sec.138 of The N.I. Act. The Rule was made absolute accordingly, permitting direct service.

This detailed analysis showcases the Court's interpretation of Sec.147, the legal implications of settlement between parties, and the consequential effect of compounding on the conviction and sentence in cases under the Negotiable Instruments Act.