2017 (6) TMI 1231 - HC - Indian Laws

Compounding of Offences - dishonor of cheque - joint compromise application for Compounding of Offences - Held that - On the basis of instructions from their respective parties that the entire disputes between the parties in relation to the dishonoured cheque in question have been resolved and that the complainant has already received the full amount of ₹ 69,500/- covered by the impugned judgments (which is the cheque amount) from the accused in full and final settlement of all liabilities in respect of the cheque involved in this case and that the complainant has no further grievance in relation to this case and further that both parties have filed a joint compromise petition for compounding the offence in this case. On a perusal of the joint compromise application for compounding of the offence, it is ordered that the impugned judgments of both the courts below will stand set aside and the offence u/s 138 of the Negotiable Instruments Act, alleged against the petitioner will stand compounded and the petitioner is acquitted of the above said offence - In view of the belated plea for compounding the offence, the petitioner will pay cost of ₹ 3,000/- before the Kerala State Legal Services Authority (High Court Legal Service Committee) - petition allowed.

Summary

Issues Involved:
1. Conviction under Sec.138 of the Negotiable Instruments Act
2. Appeal before the Sessions Court
3. Compromise and compounding of the offence

Analysis:

Issue 1: Conviction under Sec.138 of the Negotiable Instruments Act
The petitioner was accused under Sec.138 of the Negotiable Instruments Act in a case before the Judicial First Class Magistrate Court. The trial court convicted the petitioner and sentenced him to imprisonment and a compensation amount. The petitioner then appealed to the Sessions Court, which upheld the conviction and dismissed the appeal. Subsequently, the petitioner filed a revision petition challenging these verdicts.

Issue 2: Appeal before the Sessions Court
The Sessions Court, specifically the Court of Additional Sessions Judge-I, Thiruvananthapuram, upheld the conviction and sentence imposed by the trial court. The petitioner, aggrieved by this decision, filed a revision petition seeking relief under Sec.397 r/w Sec.401 of the Cr.P.C.

Issue 3: Compromise and compounding of the offence
During the proceedings, it was brought to the court's attention that a compromise had been reached between the parties involved. Both the revision petitioner-accused and the Secretary of the complainant Co-operative Society were present and confirmed the compromise. They filed a joint compromise petition for compounding the offence, stating that the entire dispute had been resolved, and the complainant had received the full amount in question. The court, after considering the joint compromise application, set aside the judgments of the lower courts and ordered the offence under Sec.138 of the Negotiable Instruments Act to be compounded. The petitioner was acquitted of the offence, subject to payment of costs.

In conclusion, the High Court of Kerala allowed the compounding of the offence under Sec.138 of the Negotiable Instruments Act due to the compromise reached between the parties, thereby acquitting the petitioner. The court also directed the petitioner to pay costs before the Kerala State Legal Services Authority.