2022 (4) TMI 62 - HC - Indian Laws

Dishonor of Cheque - insufficient funds - acquittal of accused - compounding of offence under Section 147 of NI Act - HELD THAT - Since the accused has no objection to release entire amount of compensation deposited by him with learned trial Court and further the complainant also has no objection for compounding the offence, in the event of release of entire amount of compensation in his favour, this court sees no impediment in accepting prayer made on behalf of the accused for compounding of offence under Section 147 of Act and in terms of guidelines laid down by Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. 2010 (5) TMI 380 - SUPREME COURT , wherein Hon'ble Apex Court has categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below. The present matter is ordered to be compounded and impugned judgments of conviction and order of sentence passed by the courts below are quashed and set-aside. Petitioner-accused is acquitted of the charges framed against him under Section 138 of the Act - petition disposed off.

Summary

Issues:
Challenge to judgment of conviction and order of sentence under S.138 of the Negotiable Instruments Act.

Analysis:
The case involved a criminal revision petition challenging the judgment passed by the Sessions Judge affirming the conviction and sentence imposed by the Judicial Magistrate. The accused was found guilty of committing an offense under S.138 of the Negotiable Instruments Act for dishonoring a cheque issued to the complainant. The complainant alleged that the accused failed to repay the loan amount, leading to the issuance of a cheque that bounced due to insufficient funds. Legal proceedings were initiated, resulting in the accused's conviction and sentencing to six months of simple imprisonment and a compensation of ?1.30 Lakh to the complainant.

The accused appealed the decision, which was dismissed by the Sessions Judge. Subsequently, the accused approached the High Court seeking acquittal by setting aside the lower courts' judgments. The High Court temporarily suspended the sentence upon the accused depositing the compensation amount with the trial court. The accused expressed willingness to release the compensation to the complainant, and both parties agreed to compound the offense under Section 147 of the Act.

Considering the mutual agreement and the guidelines set by the Apex Court, the High Court accepted the prayer for compounding the offense. The judgments of conviction and order of sentence were quashed, and the accused was acquitted of the charges under Section 138 of the Act. The petition was disposed of, and any bail bonds furnished by the accused were discharged. The Judicial Magistrate was directed to release the compensation amount along with interest to the complainant within a specified timeframe.

In conclusion, the High Court allowed the compounding of the offense, leading to the acquittal of the accused and the release of the compensation amount to the complainant as agreed upon by both parties.