2009 (11) TMI 1013 - SC - Indian Laws

Dishonour of Cheque - insufficient funds - compounding of offence - cheques returned unpaid with remark exceeding of arrangements'' - Petitioner has prayed to review and recall orderpassed by this Court dismissing SLP - Amount payable by the petitioner to the original complainant, i.e. the respondent herein, is already paid pursuant to the compromise between the parties and the petitioner be permitted to compound the offence. HELD THAT - Having regard to the salutary provisions of Section 147 of NI Act r/w Section 320 of the CrPC, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him u/s 138 of the Code. Condonation of delay for 39 days caused in filing review application is allowed and delay is condoned. The Review Petition succeeds. The Order dated September 11, 2008 dismissing is recalled. The said SLP is restored on file with its original number. Affidavits sworn by petitioner on December 1, 2008 as well as affidavit sworn by P. Kaliappan power of attorney holder of R. Rajathi on December 1, 2008, as additional documents is allowed. The petitioner is permitted to compound the offence. The Order of conviction and sentence recorded by all the Courts are hereby set aside and petitioner is acquitted of the charge leveled against him. All the applications including Review Petition accordingly stand disposed of as also SLP (Crl.).

Summary

Issues:
1. Review and recall of the order dismissing the SLP
2. Delay in filing review application
3. Permission to compound the offence and acquit the petitioner

Issue 1: Review and recall of the order dismissing the SLP
The petitioner sought to review and recall the order dated September 11, 2008, which dismissed the SLP. The petitioner claimed that the amount payable to the complainant had been paid pursuant to a compromise between the parties. The petitioner filed various applications, including one to condone the delay in filing the review application and another to permit the compounding of the offence. Affidavits were submitted to support the claim of payment made to the complainant. The Court considered the documents and the compromise between the parties.

Issue 2: Delay in filing review application
The petitioner filed an application to condone the delay of 39 days in filing the review application. The Court allowed this application, condoning the delay and permitting the review petition to succeed. The order dismissing the SLP was recalled, and the SLP was restored on file with its original number.

Issue 3: Permission to compound the offence and acquit the petitioner
Considering the provisions of the Negotiable Instruments Act and the Code of Criminal Procedure, the Court opined that the petitioner should be allowed to compound the offence committed under Section 138 of the Code. The Court granted permission to produce additional documents, including affidavits supporting the compromise. The petitioner was permitted to compound the offence, and all previous convictions and sentences were set aside. The petitioner was acquitted of the charge, and all related applications were disposed of accordingly.