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2020 (9) TMI 1062 - HC - Indian LawsDishonor of Cheque - invocation of revisionary jurisdiction under Section 397 read with Section 401 of the Code of Criminal Procedure - HELD THAT - The continuation of these proceedings will not suffice any fruitful purpose whatsoever. Therefore, I am of the considered opinion that in view of the compromise, this is a fit case where the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure read with 147 of Negotiable Instruments Act, should be invoked to compound the offence and consequently to quash the consequent proceedings. The learned trial Court shall release all the amount in the manner discussed here-in-above on the production of certified copy of this judgment by respondent. In view of the above statement of the learned counsel for the petitioner, the respondent/complainant is entitled to receive the compensation amount of ₹ 3,34,000/-. In case, the compensation amount is deposited with the Trial Court or put in the Fixed Deposit, then all the interest accrued, thereupon shall also be given to the complainant. However, if there is short fall in deposit of compensation then such short fall shall be met with by the convict/petitioner on or before 31.3.2020. It is made clear that the interest, if any, accrued upon the fixed deposit shall not be treated towards compensation and total compensation amount shall have to be deposited by the convict/petitioner - the petitioner/convict shall deposit 15% of the cheque amount before the H.P. State Legal Services Authority, Shimla. The compensation awarded is ₹ 3,34,000/- therefore, 15% of the same comes to ₹ 50,100/-. Criminal Revision is disposed of.
Issues involved:
1. Delay in filing revision application. 2. Challenge to judgment of conviction under the Negotiable Instruments Act. 3. Compounding of the offence under Section 138 of the Act. 4. Application of legal principles and guidelines for compounding offences. 5. Discharge of bail bonds and further directions. Analysis: Issue 1: Delay in filing revision application The judge, after considering the delay of 265 days in filing the revision, allowed the application and condoned the delay, leading to the registration of the revision. Issue 2: Challenge to judgment of conviction under the Negotiable Instruments Act The petitioner challenged the judgment of conviction under Section 138 of the Negotiable Instruments Act, which was affirmed by the Appellate Court. The accused had issued a cheque that was dishonored due to insufficient funds, leading to legal proceedings and conviction by the Trial Court. Issue 3: Compounding of the offence under Section 138 of the Act The petitioner sought compounding of the offence, arguing that since the entire compensation had been paid and due to procedural formalities of an institution, the matter should be compounded. The judge, invoking inherent powers under Section 482 of the CrPC and Section 147 of the N.I. Act, agreed to compound the offence, quashing all proceedings. Issue 4: Application of legal principles and guidelines for compounding offences The judge cited the jurisprudence behind the N.I. Act, emphasizing on honoring business transactions without leading to unnecessary incarceration for bounced cheques. Referring to legal precedents, the judge invoked the inherent jurisdiction to compound the offence and quash the proceedings based on the compromise between the parties. Issue 5: Discharge of bail bonds and further directions The judgment of conviction was quashed, and the petitioner was acquitted of the offence under Section 138 of the Act. The compounding was subject to the accused depositing 15% of the cheque amount as per legal guidelines. Further directions were given regarding the release of amounts, payment of compensation, and depositing the required percentage with the State Legal Services Authority. In conclusion, the Criminal Revision was allowed, and the petitioner was directed to comply with the conditions within a specified timeframe, failing which the compounding would be revoked. The bail bonds were discharged, and all pending applications were disposed of by the High Court of Himachal Pradesh.
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