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TMI Blog2018 (4) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... atio decidendi of Damodar S.Prabhu [2010 (5) TMI 380 - SUPREME COURT OF INDIA] and the guidelines framed therein, on the strength of compromise being arrived at between petitioner and the complainant, I feel persuaded to exercise revisional jurisdiction for doing real and substantial justice in the matter for the administration of which alone the Courts exist. I prefer to give priority to the compensatory aspect of remedy over the punitive aspect in the matter in the wake of settlement of dispute and compromise being arrived at between the rival parties. Revision petition allowed. - S. B. Criminal Revision No. 344 / 2018 - - - Dated:- 22-3-2018 - P. K. Lohra, J. For the Petitioner : Mr. Mridul Jain with Mr. Bhagat Dadhich ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate Court be set aside. Learned Public Prosecutor on the other hand submits that although offence under Section 138 of the Act is compoundable but after verdict of learned appellate Court, it may not be appropriate to grant indulgence to the petitioner. Learned counsel for the complainant, while acknowledging the compromise having been arrived at between the parties, would urge that looking to the nature of offence and in the wake of settlement of dispute between the rival parties, the conviction recorded by the learned trial Court and upheld by the learned appellate Court merits annulment. I have heard learned counsel for the accused-petitioner, learned Public Prosecutor as well as learned counsel for the complainant and perus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Instruments Laws (Amendment) Act, 1988 (66 of 1988). The object of bringing Section 138 into the statute was to inculcate faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments. It was to enhance the acceptability of cheques in settlement of liabilities by making the drawer liable for penalties in case of bouncing of cheques due to insufficient arrangements made by the drawer, with adequate safeguards to prevent harassment of honest drawers. If the cheque is dishonoured for insufficiency of funds in the drawer's account or if it exceeds the amount arranged to be paid from that account, the drawer is to be punished with imprisonment for a term which may extend to two y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offences at later stage of litigation in cheque bouncing cases, and held: The compounding of the offence at later stages of litigation in cheque bouncing cases has also been held to be permissible in a recent decision of this Court, reported as K.M. Ibrahim v. K.P. Mohammed Anr., wherein Kabir, J. has noted (at SCC p. 802, paras 13- 14): 13. As far as the non-obstante clause included in Section 147 of the 1881 Act is concerned, the 1881 Act being a special statute, the provisions of Section 147 will have an overriding effect over the provisions of the Code relating to compounding of offences. ... 14. It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otiable Instruments Act -Tackling an avalanche of cases (New Delhi: Universal Law Publishing Co. Pvt. Ltd., 2009) at p. 5] ... Unlike that for other forms of crime, the punishment here (in so far as the complainant is concerned) is not a means of seeking retribution, but is more a means to ensure payment of money. The complainant's interest lies primarily in recovering the money rather than seeing the drawer of the cheque in jail. The threat of jail is only a mode to ensure recovery. As against the accused who is willing to undergo a jail term, there is little available as remedy for the holder of the cheque. If we were to examine the number of complaints filed which were `compromised' or `settled' before the final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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