2022 (12) TMI 1497 - HC - Indian Laws

Dishonour if Cheque - compounding of offences - Section 147 of Negotiable Instrument Act - HELD THAT - 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 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 Kumar, on production of downloaded copy of this order along with details of Bank account. Petition disposed off.

Summary

Issues: Compounding of case under Section 138 of Negotiable Instrument Act without consent of complainant, applicability of inherent power of High Court under Section 482 Cr.P.C.

Analysis:
1. The judgment pertains to a revision petition against a lower court's decision in a case under Section 138 of the Negotiable Instrument Act, where the petitioner was convicted and sentenced to imprisonment and fine.
2. The petitioner had deposited an amount exceeding the compensation awarded, expressing willingness for compounding the case by making an additional payment of 10% of the compensation.
3. Despite the petitioner's offer for compounding, the respondent refused to consent, leading to a legal dispute regarding the compounding of the case without the complainant's consent.
4. The petitioner relied on a Supreme Court judgment to argue that the court, in the interest of justice, can close the proceedings and discharge the accused even without the complainant's consent if duly compensated.
5. On the other hand, the respondent's counsel contended that the main principle of compounding, requiring the consent of the complainant, cannot be disregarded, citing relevant case law to support this argument.
6. The respondent's counsel also referred to a Supreme Court order highlighting that the power to discharge an accused under Section 138 of the Negotiable Instruments Act without consent is not a good law, as observed in a previous judgment.
7. The petitioner, being a physically disabled person suffering from financial problems, sought compounding of the case in the interest of justice, emphasizing his efforts to resolve the dispute amicably by offering additional compensation.
8. The court considered the provisions of Section 147 of the Negotiable Instruments Act along with its inherent power under Section 482 Cr.P.C., concluding that the High Court can compound the case in the absence of the complainant's consent if the complainant is adequately compensated.
9. It was clarified that the observations in a related civil writ petition did not restrict the High Court's inherent power under Section 482 Cr.P.C., emphasizing the court's discretion in sentencing under Section 138 of the Negotiable Instrument Act.
10. Considering the petitioner's circumstances and the compensation deposited, the court found that the complainant had been adequately compensated, leading to the compounding of the case and the petitioner's acquittal.
11. The trial court was directed to release the deposited amounts to the complainant, and the registry of the High Court was instructed to remit the deposited amount with interest to the complainant's bank account.
12. The judgment concluded by disposing of the petition in the specified terms, allowing parties to use downloaded copies for necessary purposes without the need for certified copies.