2016 (11) TMI 1715 - HC - Indian Laws

Dishonor of Cheque - seeking to recall the order - compromise subsequently entered between the parties - acquittal of the accused-petitioner for the offence under Section 138 of N.I. Act - HELD THAT - On going through the material including the compromise entered into between the parties and the fact that the amount in dispute has been paid by the accused-petitioner to the respondent-complainant, it is found to be a fit case in the criminal misc. application is to be allowed and the order dated 6.10.2016 is to be recalled. Application allowed.

Summary

Issues:
Review/recall of order under Section 482 Cr.P.C. read with Section 147 of Negotiable Instruments Act - Compromise between parties post dismissal of revision petition - Acquittal of accused-petitioner under Section 138 of N.I. Act.

Analysis:
The judgment by the High Court of Rajasthan involved a criminal misc. application filed by the accused-petitioner under Section 482 Cr.P.C. read with Section 147 of the Negotiable Instruments Act seeking a review/recall of the order dated 6.10.2016 passed by the Court in SB Criminal Revision Petition No.1267/2016. The petitioner aimed to be acquitted for the offence under Section 138 of the N.I. Act following a compromise between the parties subsequent to the dismissal of the revision petition by the Court, upholding the conviction and sentence by the trial and Appellate Courts.

The Court considered the joint submission by the counsel for the parties regarding the amicable settlement and compromise reached between the parties after the dismissal of the revision petition. It was highlighted that the amount in dispute had been paid by the accused-petitioner to the respondent-complainant. The parties argued that despite the dismissal of the revision petition on merit, the order could be recalled under Section 147 of the N.I. Act, which allows for the compound of the offence under Section 138 at any stage, leading to the acquittal of the accused.

In support of their arguments, the parties referenced the case of K. Subramanian Vs. R. Rajathi and an order passed by the Gujarat High Court. After considering the submissions, the compromise between the parties, the payment made, and the legal principles cited, the Court found it to be a suitable case for allowing the criminal misc. application and decided to recall the order dated 6.10.2016.

Consequently, the Court allowed the criminal misc. application, recalled the order dated 6.10.2016, set aside all previous orders convicting and sentencing the accused-petitioner under Section 138 of the N.I. Act, and acquitted the accused-petitioner. The judgment also directed the immediate release of the petitioner if not required in any other case, following the acceptance of the misc. application.