2020 (3) TMI 4 - HC - Indian Laws

Maintainability of petition - Dishonor of Cheque - offence punishable under section 138 of NI Act - Compoundable offences - petitioner has argued that though the petitioner has not surrendered but the revision petition filed by him against the impugned orders is very much maintainable - HELD THAT - The respondent No.2 has verified that the matter has been compromised between the parties and the due amount has already been paid by the petitioner to the respondent No.2 - As per Section 147 of the N.I. Act, every offence punishable under this Act is compoundable. This criminal revision petition is allowed - The impugned orders are set aside - The petitioner is acquitted from the charge under Section 138 of the N.I. Act.

Summary

Issues:
1. Conviction under Section 138 of the N.I. Act challenged.
2. Maintainability of the revision petition without surrender.
3. Compromise between parties and payment made.
4. Interpretation of Section 147 of the N.I. Act.
5. Judgment directing deposit of 15% of the cheque amount.

Issue 1: Conviction under Section 138 of the N.I. Act challenged
The petitioner filed a criminal revision petition against the order of conviction under Section 138 of the N.I. Act passed by the trial court, which was upheld by the appellate court. The petitioner argued that a compromise had been reached between the parties, and the entire amount due had been paid to the respondent No.2. Citing a previous judgment, the petitioner contended that the revision petition is maintainable even though surrender had not been made.

Issue 2: Maintainability of the revision petition without surrender
The petitioner's counsel relied on a co-ordinate Bench judgment, highlighting the distinction between "presentability" and "maintainability" of a petition. It was argued that the absence of a surrender certificate does not render the petition non-maintainable under the law. The court emphasized that the non-surrender of the appellant does not make the appeal or petition non-maintainable, but merely affects its presentability before the registry.

Issue 3: Compromise between parties and payment made
The respondent No.2 confirmed the compromise between the parties and the receipt of the due amount from the petitioner. Section 147 of the N.I. Act provides for the compoundability of offenses under the Act. Considering the compromise and payment, the court allowed the criminal revision petition, setting aside the impugned orders and acquitting the petitioner from the charge under Section 138 of the N.I. Act.

Issue 4: Interpretation of Section 147 of the N.I. Act
Section 147 of the N.I. Act states that every offense punishable under the Act is compoundable. In this case, the court considered the compromise between the parties and the payment made by the petitioner, leading to the acquittal from the charge under Section 138 of the N.I. Act.

Issue 5: Judgment directing deposit of 15% of the cheque amount
Despite acquitting the petitioner, the court directed the petitioner to deposit 15% of the cheque amount as cost before the Legal Services Authority within 15 days, citing a Supreme Court judgment. Failure to comply with this directive would prompt the Legal Services Authority to inform the court.

This detailed analysis covers the various issues addressed in the judgment, providing a comprehensive understanding of the legal proceedings and outcomes.