2022 (8) TMI 819 - HC - Indian Laws

Dishonor of Cheque - amicable settlement between the parties - compounding of the offence punishable under Section 138 of the Negotiable Instruments Act - HELD THAT - Perusing the averments made in the application filed for compounding the offence, taking into consideration the fact that the matter now stands amicably settled between the parties, the prayer for compounding of the offence is allowed. It is further ordered that out of the amount of Rs. 50,000/-, which has been deposited by the petitioner with the Himachal Pradesh Legal Service Authority, 25% be retained as compounding fee and the balance amount be given to the petitioner/accused. The conviction and sentence imposed upon the petitioner stands quashed and set aside - Petition disposed off.

Summary

Issues:
1. Challenge to judgment/order by petitioner
2. Prayer for compounding the offence under Section 138 of the Negotiable Instruments Act
3. Deposit of cheque amount with Himachal Pradesh Legal Service Authority
4. Exercise of power of compounding the offence
5. Decision on compounding the offence and refund of excess amount
6. Quashing of conviction and sentence imposed on the petitioner
7. Disposal of the petition and any pending miscellaneous applications

Analysis:

1. The petitioner challenged the judgment/order passed by the Court of learned Additional Chief Judicial Magistrate and the judgment by the Court of learned Sessions Judge. The petitioner was sentenced to undergo simple imprisonment and pay compensation under Section 138 of the Negotiable Instruments Act. The appellate court upheld the trial court's decision.

2. A prayer for compounding the offence under Section 138 of the Negotiable Instruments Act was made by the petitioner through a petition under Section 147 of the Act and Section 482 of the Code of Criminal Procedure. The matter was settled amicably between the petitioner and the complainant, with the complainant expressing no objection to the compounding of the offence.

3. The petitioner had deposited the cheque amount with the Himachal Pradesh Legal Service Authority following a court order. The petitioner requested that 5% of the cheque amount be considered as the compounding fee and the excess amount be refunded by the Himachal Pradesh State Legal Service Authority.

4. Citing the judgment of the Hon'ble Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H., the petitioner's counsel argued that it would be in the interest to compound the offence given the developments in the case.

5. After hearing both parties and considering the settlement between them, the court allowed the prayer for compounding the offence. It was ordered that 25% of the deposited amount be retained as a compounding fee, with the balance to be given to the petitioner. The excess amount was directed to be refunded by the Himachal Pradesh Legal Service Authority.

6. Consequently, the conviction and sentence imposed on the petitioner in the criminal case were quashed and set aside by the court, based on the decision to compound the offence.

7. The petition was disposed of in accordance with the court's decision on compounding the offence, and any pending miscellaneous applications were also addressed.