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2024 (4) TMI 782 - HIMACHAL PRADESH HIGH COURTDishonour of Cheque - compounding of offences - amicable settlement of disputes - Sections 138 and 147 of the Negotiable Instruments Act - HELD THAT:- In the facts of the instant case and the statutory provisions and the mandate of the Hon’ble Supreme Court, in cases of Kanchan Mehta [2017 (10) TMI 218 - SUPREME COURT] and P. Mohanraj [2021 (3) TMI 94 - SUPREME COURT], once the proceedings under Section 138 have been held to be proceedings in the form of a civil sheep in a criminal wolf’s clothing, therefore, once the petitioner-accused has amicably decided to settle/liquidate/discharge his liability, though, the transaction-proceedings have a tinge of criminal liability, then, on settling the entire liability in view of Section 147 of the Negotiable Instruments Act, the compounding of offences, on discharge of liability, appears to be genuine, which is certainly is a step towards securing the ends of justice. It is relevant to observe that once the Respondent-Complainant who had initiated the proceedings under Section 138 of the Negotiable Instruments Act, 1881, has received his cake then, no useful purpose will be achieved in continuing the criminal proceedings, against the accused-petitioner who has discharged/liquidated his liability. Notably, the object of Section 147 of the Negotiable Instruments Act, 1881, is that in case the accused under the aforesaid enactment remits/discharges or liquidates his liability then such a person can be absolved of the criminal action-prosecution by permitting compounding of offence in proceedings under Section 138 of the Act. Moreover, once the petitioner-accused has discharged/liquidated his liability towards Respondent- Complainant, therefore, the continuance of criminal proceedings will not serve any purpose. The compounding of an offence would enable both the parties to lead life of respect and dignity in the society. Once, no dispute remains between the parties to the lis, then obviously the law cannot be so harsh so as to stand as a wall between the parties notwithstanding the amicable settlement inter se the parties - The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. This Court on the basis of the material placed on record is satisfied that the petitioner-accused [Sunil Kumar] and Respondent No.1-Complainant have settled the dispute and Respondent No.1-Complainant has no grudges against the petitioner accused, who has liquidated/discharged/remitted his liability in favour of the complainant. In these circumstances, allowing the judicial prosecution to continue will result in disturbing the peace and harmony but will also create or give rebirth to bitterness and enmity amongst them. Moreover, the ends of justice would be satisfied in case, the parties herein are allowed to compromise. Since, the petitioner-accused [Sunil Kumar] is suffering custody in Sub Jail, Nurpur, District Kangra, [H.P.]; therefore, the Respondents-State Authorities are directed to release the petitioner-accused [Sunil Kumar], if not required in any other case. Release warrants be prepared and consequential action be taken expeditiously in accordance with law - Petition disposed off.
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