9911796707
TMI Blog2019 (1) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... rve the ends of justice or/and to prevent abuse of the process of any Court - Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc. Since, the petitioner has paid the entire compensation amount, therefore, quashing of the complaint initiated at the instance of complainant/respondent would be a step towards securing the ends of justice and to prevent abuse of process of the Court, especially, when the petitioner is facing pangs and suffered agony of protracted trial and thereafter appeal/revision for the last more than four years and has paid the entire compensation amount. The impugned substantive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sessions Judge, Kullu, however, the same came to be dismissed vide judgment dated 23.01.2018, constraining the petitioner to file the instant revision petition. 3. Today, when the case was taken up, learned counsel for the petitioner has paid a sum of ₹ 1,10,000/- to the learned counsel for the respondent in the open Court and requested that the case be compounded. 4. However, the moot question is whether a compromise, at this stage, can be permitted to be effected between the parties where the petitioner has been charged under Section 138 of the Act. This court is not powerless in such situation and adequate powers have been conferred upon it not only under sections 397 read with Section 401 or Section 482 Cr.P.C. (hereinafter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etween the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is noncompoundable. (iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482 , the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power; (iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the end ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s have settled the dispute; (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cceptable to the parties or the Court. 18.3. Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. 18.4. Procedure for trial of cases under Chapter XVII of the Act has normally to be summary. The discretion of the Magistrate under second proviso to Section 143 , to hold that it was undesirable to try the case summarily as sentence of more than one year may have to be passed, is to be exercised after considering the further fact that apart from the sentence of imprisonment, the Court has jurisdiction under Section 357(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04.07.2018, wherein it was observed as under:- Leave granted. 2 . The appellant is before this Court aggrieved by the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881. 3. Today, when the matter came up before this Court, we are informed that the cheque amount has already been paid and it is acknowledged by the respondent. 4. In the peculiar facts and circumstances of this case, we are of the view that for doing complete justice the whole litigation should be given a quietus, subject to appropriate terms. 5. Accordingly, we set aside the conviction and sentence imposed on the appellant and allow the appeal . 8. Since, the petitioner has paid the entire compensation amount, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
