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TMI Blog2019 (1) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... oner to respondent in order to discharge his liability had been dishonoured. The complaint was decided in favour of the respondent by the learned trial Magistrate and the petitioner was sentenced to undergo simple imprisonment for eight months and also awarded a lumpsum compensation of Rs. 2,70,000/- to the complainant/respondent. 2. Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 08.08.2016, though the petitioner preferred an appeal before the learned 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 482 of the Code which read thus:- "(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount with assessed costs and interest is paid and if there is no reason to proceed with the punitive aspect. 18.2. The object of the provision being primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, compounding at the initial stage has to be encouraged but is not debarred at later stage subject to appropriate compensation as may be found acceptable 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 case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther no longer res integra in view of the very recent judgment of the Hon'ble Supreme Court in Bhangu Trading Co. and another versus Surjit Singh (dead) through LRs, Criminal Appeal Nos. 808 and 809 of 2018 decided on 02.07.2018 and in terms of the subsequent judgment in N.P. Murugesan versus C. Krishnamurthy, Criminal Appeal No.818 of 2018, decided on 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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