2025 (2) TMI 135 - HC - Indian Laws

Dishonour of Cheque - conviction of the petitioners for the offence under Section 138 of the Negotiable Instruments Act - discharge of the liability of the first accused Firm - compromise arrived between the parties - compounding of offences - HELD THAT - The petitioners and respondent are present in person and confirm the compromise arrived at between them. In support of the same today both the learned counsel for petitioners as well as respondent had filed a Memorandum of Criminal Miscellaneous Petition under Section 147 of the Negotiable Instruments Act 1881 for compounding the offence as per the settlement entered between the petitioners and the respondent which have been signed by the petitioners and the respondent and also by their respective counsel. Conclusion - In view of the compromise arrived at between the parties and considering the petition under Section 147 of the Negotiable Instruments Act the offence under Section 138 of the Negotiable Instruments Act is compounded. The conviction and sentence imposed upon the petitioners confirming the judgment is set aside and the revision petitioners are acquitted of the offence under Section 138 of the Negotiable Instruments Act - Criminal Revision Case is allowed.

ISSUES PRESENTED and CONSIDERED

The primary legal issue considered in this judgment was whether the conviction and sentence of the petitioners for the offence under Section 138 of the Negotiable Instruments Act should be upheld or set aside in light of the compromise reached between the parties. The Court also considered the applicability of Section 147 of the Negotiable Instruments Act, which allows for the compounding of offences under this Act.

ISSUE-WISE DETAILED ANALYSIS

1. Compounding of Offence under Section 138 of the Negotiable Instruments Act

Relevant legal framework and precedents: Section 138 of the Negotiable Instruments Act deals with the dishonor of cheques due to insufficient funds and prescribes penalties for such offences. Section 147 of the same Act permits the compounding of offences, allowing parties to settle the matter amicably and avoid further legal consequences.

Court's interpretation and reasoning: The Court acknowledged the joint compromise affidavit filed by both parties, which indicated a mutual agreement to settle the matter. The Court recognized the legal provision under Section 147 that allows for such compounding and noted that the parties had voluntarily resolved their dispute without any coercion or undue influence.

Key evidence and findings: The joint compromise affidavit submitted by the parties served as the key evidence. It detailed the settlement amount of Rs. 2,65,000/- paid by the petitioners to the respondent, which was accepted as full and final settlement of the claim. Both parties confirmed the settlement in person, further supporting the authenticity of the compromise.

Application of law to facts: The Court applied Section 147 of the Negotiable Instruments Act to the facts of the case, noting that the legal framework allows for the compounding of offences when both parties agree to settle. The payment made by the petitioners was acknowledged as fulfilling their obligation under the disputed cheque, thereby resolving the issue of liability.

Treatment of competing arguments: There were no competing arguments presented, as both parties were in agreement regarding the settlement. The Court's focus was on ensuring that the compromise was genuine and free from any external pressures.

Conclusions: The Court concluded that the offence under Section 138 was compounded in light of the compromise reached between the parties. The Court allowed the criminal revision petition, set aside the previous convictions, and acquitted the petitioners.

SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: The Court stated, "In view of the compromise arrived at between the parties and considering the petition under Section 147 of the Negotiable Instruments Act, the offence under Section 138 of the Negotiable Instruments Act in S.T.C. No.94 of 2021 is compounded."

Core principles established: The judgment reinforces the principle that offences under Section 138 of the Negotiable Instruments Act can be compounded under Section 147 when both parties mutually agree to settle the matter. It underscores the importance of voluntary and amicable resolutions in legal disputes involving negotiable instruments.

Final determinations on each issue: The Court determined that the conviction and sentence imposed on the petitioners were to be set aside due to the successful compounding of the offence. The petitioners were acquitted of the charges, and the connected criminal miscellaneous petitions were closed.

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