9911796707
TMI Blog2004 (1) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... o.2 State. Respondent No.1 complainant Mr. Rathi is also present in the Court and he waives service of Rule. 3. That the petitioner came to be tried and convicted for the offence punishable under Sec.138 of The Negotiable Instruments Act (herein after referred to as the N.I.Act) and by impugned judgment and order of sentence dated 31.1.2000 passed by ld. Metropolitan Magistrate, Court No.19, Ahmedabad in Criminal Case No.272/1997, and was sentenced to suffer S/I for 1 year and to pay a fine of ₹ 5,000/ I/d to undergo further S/I for 3 months and also to pay compensation of ₹ 25,000/ to the complainant. The petitioner challenged the said judgment and order by filing Cri.Appeal No.4/2000 in the Court of ld. City Sessions Judge, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the petitioner accused prayed that accepting the say and the fact of settlement between the parties out of Court, parties may be permitted to compound the offence and consequently petitioner accused be acquitted. 7. My attention is draw by ld. APP Ms. Nandini Joshi to the decision of the Apex Court in the case of O.P.Dholakia v/s State of Haryana Another, reported in (2000)1 SCC 762, wherein the Apex Court, in exercise of powers vested in it under Article 136 of the Constitution of India, annulled the conviction and sentence for the offence punishable under Sec.138 of The N.I.Act. However, now the provisions of the N.I Act have been suitably amended by inserting Sec.147 in the said Act and offence punishable under the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tence and, therefore, the original complainant can positively appear before this Court and say that he has compounded the offence with the accused and now he has not to pursue the remedy, that he is not interested in proceeding with the complaint and to see that the accused is sent to the prison. The effect of the same would be practically or say similar to a withdrawal from the prosecution with or without any qualification. So, the original complainant if comes to the Court and says that he is withdrawing himself from prosecution on account of compromise and he has compounded the matter, then obviously the conviction and sentence shall have to be annulled /set aside. Considering the language of the section, even there is no scope for the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y before the Court takes me to a conclusion that the say of the complainant should be accepted that he has withdrawn from prosecution because he has compounded the offence out of the Court. As per the settled legal position, the effect of compounding of the offence is that of acquittal. 12. In view of above facts and circumstances, the say of the parties is accepted. Date of offence or the first conviction is not relevant in view of the Scheme of Sec.147 of The N.I.Act and it is not necessary to discuss whether it has retrospective effect or not. Under the circumstances, the conviction and sentence imposed on the petitioner accused for the offence punishable under Sec.138 of The N.I.Act is hereby quashed and set aside the petitioner accu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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