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2023 (10) TMI 345 - HC - Indian Laws


Issues:
The judgment involves a petition filed under Section 397 of the Code of Criminal Procedure against a conviction under Section 138 of the Negotiable Instruments Act. The main issue revolves around the compounding of the offense after a settlement between the accused and the complainant.

Summary:
The accused, Deepak Verma, failed to transfer ownership of a bus to the complainant despite receiving the full payment. He issued a check that bounced due to insufficient funds, leading to a complaint under Section 138 of the NI Act. The Trial Court convicted him, sentencing him to six months' imprisonment and a compensation amount. The accused appealed, but the Lower Appellate Court upheld the conviction. Subsequently, a joint application was filed by the accused and the complainant seeking to compound the offense. The complainant expressed no objection to quashing the conviction and acquitting the accused.

During the proceedings, the complainant confirmed the settlement and expressed willingness to compound the offense. The Court considered the settlement and the complainant's stance, citing relevant legal provisions from the Negotiable Instruments Act and the Code of Criminal Procedure. It noted the enabling provision under Section 147 of the NI Act for compounding offenses and referred to precedent cases where compromises were accepted even after the recording of a conviction.

The Court accepted the settlement and allowed the compounding of the offense, setting aside the previous judgments of conviction and sentence. It also directed the accused to deposit a token compounding fee of Rs. 8,000 with the State Legal Services Authority due to his financial condition. The judgment was in line with the guidelines issued by the Supreme Court regarding the imposition of compounding fees. Ultimately, the petition was disposed of, and the accused was acquitted of the charge under Section 138 of the NI Act.

 

 

 

 

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