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2023 (4) TMI 650 - HC - Indian LawsDishonour of Cheque - insufficient funds - discharge of legally enforceable debt or not - compounding of offence - section 147 of NI Act - whether this court can recall its judgment dated 23.11.2022 passed in Cr. Revision No. 228 of 2022, affirming judgment of conviction and order of sentence passed by learned Courts below? - HELD THAT - This Court vide judgment passed in Gulab Singh v. Vidya Sagar Sharma 2017 (12) TMI 1837 - HIMACHAL PRADESH HIGH COURT , while relying upon judgment of Hon'ble Apex Court as well as other Constitutional Courts has already held that court, while exercising power under Section 147 of Act can proceed to compound offence even in those cases, where accused stands convicted. In the case at hand, petitioner-accused has already handed over the amount ordered to be paid by the court below to the respondent-complainant, as has been stated by him in his statement taken on record and as such, this court, in terms of S.147 of the Act and guidelines framed by Hon ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H. 2010 (5) TMI 380 - SUPREME COURT , can proceed to compound the offence. Application disposed off.
Issues Involved:
1. Compounding of offence under Section 138 of the Negotiable Instruments Act. 2. Setting aside the judgments of conviction and sentence. 3. Recall of the High Court's judgment affirming the conviction. Summary: Issue 1: Compounding of Offence under Section 138 of the Negotiable Instruments Act The petitioner-accused sought to compound the offence punishable under Section 138 of the Negotiable Instruments Act. The accused issued a cheque for Rs.1,27,500/- which was dishonored due to insufficient funds. Despite receiving a legal notice, the accused failed to make the payment, compelling the complainant to initiate proceedings under Section 138 of the Act. The trial court found the accused guilty and sentenced him to six months of simple imprisonment and a fine of Rs.1,37,500/-. The accused's appeal and revision petition were dismissed by the Sessions Judge and the High Court, respectively. Subsequently, the parties entered into a compromise, with the accused paying the entire compensation amount. The complainant had no objection to the compounding of the offence. Issue 2: Setting Aside the Judgments of Conviction and Sentence The accused prayed for setting aside the judgment dated 30.9.2019 by the Additional Chief Judicial Magistrate and the judgment dated 25.3.2022 by the Sessions Judge. The High Court noted that the accused had already paid the entire compensation amount to the complainant, and the complainant had no objection to the compounding of the offence. The court, exercising its power under Section 482 CrPC and Section 147 of the Act, proceeded to compound the offence and acquit the accused of the charges framed against him. Issue 3: Recall of the High Court's Judgment Affirming the Conviction The court considered whether it could recall its judgment dated 23.11.2022, which affirmed the conviction and sentence. Referring to previous judgments, including those by the Hon'ble Apex Court, the High Court held that it could recall its judgment and compound the offence even after the accused's conviction. The court cited several precedents where similar actions were taken based on amicable settlements between the parties. Consequently, the court found no impediment in accepting the petitioner's prayer for compounding the offence, recalled its previous order, and acquitted the accused. Conclusion: The High Court allowed the petition for compounding the offence under Section 138 of the Negotiable Instruments Act, recalled its previous judgment affirming the conviction, and acquitted the accused. The judgments of conviction and sentence passed by the lower courts were quashed and set aside.
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