2022 (11) TMI 559 - HC - Indian Laws

Dishonor of Cheque - compounding of offences - amicable settlement of the matter - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT - The enquiry made with the parties who are physically present convinces the Court that both the parties out of their free consent and volition and in their best interest have settled the matter amicably which is further corroborated by the submissions made by their learned counsels - on the terms of the said joint application, the parties be permitted to compound the offence under Section 147 of the N.I. Act, however, subject to the payment of the graded cost by the petitioner/accused. Section 147 of the N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in the proceeding to compound the offence - Admittedly, in the instant case, the cheque amount is for a sum of Rs. 7,00,000/-, as such, the graded cost would be Rs. 1,05,000/-. The parties are permitted to compound the offence under Section 147 of the N.I. Act. The matter is settled as per the terms mentioned in the joint application and also the independent affidavits filed by both side and the petitioner herein who was accused in the Trial Court in C.C. No. 14347/2016 is acquitted of the offence punishable under Section 138 of the N.I. Act - the present revision petition stands disposed of.

Summary

Issues:
Challenge to judgment of conviction and order on sentence under Section 138 of the Negotiable Instruments Act, 1881. Settlement between parties under Section 147 of the N.I. Act. Payment of graded cost as per guidelines. Disposal of revision petition and related applications.

Analysis:

Issue 1: Challenge to judgment of conviction and order on sentence under Section 138 of the Negotiable Instruments Act, 1881.

The revision petition was filed by the accused challenging the conviction and sentence passed by the Trial Court and confirmed by the Sessions Judge's Court under Section 138 of the Negotiable Instruments Act. The accused sought to set aside the impugned judgments. Both parties, along with their counsels, were physically present in court. They filed a joint application under Section 147 of the N.I. Act, stating that they had settled the matter amicably and compromised. The respondent's counsel expressed no objection to allowing the revision petition, leading to the acquittal of the accused.

Issue 2: Settlement between parties under Section 147 of the N.I. Act.

The parties agreed to settle the matter amicably, with the accused offering to pay a total sum of Rs. 6,50,000 to the complainant. Out of this, Rs. 2,00,000 was already deposited in court and to be released to the complainant. The remaining Rs. 4,50,000 was to be paid in two installments via Demand Draft or fund transfer. If the accused defaulted, she agreed to pay the entire fine of Rs. 9,00,000. The court verified that both parties consented freely to the settlement, supported by their counsels' submissions. The court allowed compounding of the offense under Section 147, subject to the payment of graded cost by the accused.

Issue 3: Payment of graded cost as per guidelines.

The court referred to guidelines from a Supreme Court judgment regarding graded costs for compounding offenses under the N.I. Act. The accused was required to pay 15% of the cheque amount as graded cost. As the cheque amount was Rs. 7,00,000, the graded cost amounted to Rs. 1,05,000. The accused deposited this amount via a Bankers Cheque as per the court's direction.

Issue 4: Disposal of revision petition and related applications.

Considering the settlement terms, the court allowed the joint application, permitting the parties to compound the offense under Section 147 of the N.I. Act. The accused was acquitted of the offense under Section 138. The court directed the release of deposited amounts to the complainant without further orders. The revision petition was disposed of, and related applications were either allowed or dismissed accordingly. The registry was instructed to transmit the order copies to the Trial Court and the Sessions Judge's Court promptly.

This detailed analysis covers the key issues involved in the judgment, outlining the legal proceedings and the final outcome of the case following the settlement between the parties.