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TMI Blog2021 (9) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court has inherent powers under Section 482 of the Code of Criminal Procedure which are further supported by Section 147 of the N.I. Act to interfere in this kind of matter where parties have paid the entire money and where the complainant does not object to clear all the proceedings. The continuation of these proceedings will not suffice any fruitful purpose whatsoever - in view of the compromise, this is a fit case where the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure read with 147 of Negotiable Instruments Act, is invoked to compound the offence. The petitioner-accused shall deposit the aforesaid 15% of the cheque amount before the Himachal Pradesh State Legal Services Authority, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmit that the conviction be set aside and proceedings be quashed. 5. Perusal of the compromise deed shows that petitioner-accused Hardeep has paid ₹ 1,00,000/- to the respondent-complainant Hoshiyar Singh. The complainant submits that he does not want to pursue the present matter against the accused and he prays that the same be closed. The parties prays that the matter be compounded in terms of the judgment passed by the Hon'ble Supreme Court of India in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663. Statements of learned counsel are recorded separately to this effect. 6. In view of the judgment passed by Hon'ble Supreme Court of India in Damodar S. Prabhu (supra), 15% of the cheque amount is to be paid by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the hatchet and weave a sense of fellowship or reunion. 11. Consequently, in view of compounding of offences, the judgment dated 16.9.2020, passed in Criminal Appeal No. 27-R/10 of 2018, titled as Hardeep Thakur vs. Hoshiyar Singh, pronounced by learned Sessions Judge (Forests), Shimla, Himachal Pradesh, upholding the judgment dated 3.10.2018, passed by learned Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, H.P., in Case No. 145-3 of 2017, titled as Hoshiyar Singh vs. Hardeep Thakur, convicting and sentencing the petitioner, is set aside and quashed. Consequently, the petitioner is acquitted of the offence under Section 138 of the Act. The bail bonds are accordingly discharged. 12. The convict/accused is directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Supreme Court, the figure would increase to 20% of the cheque amount. Let it also be clarified that any costs imposed in accordance with these guidelines should be deposited with the Legal Services Authority operating at the level of the Court before which compounding takes place. For instance, in case of compounding during the pendency of proceedings before a Magistrate's Court or a Court of Sessions, such costs should be deposited with the District Legal Services Authority. Likewise, costs imposed in connection with composition before the High Court should be deposited with the State Legal Services Authority and those imposed in connection with composition before the Supreme Court should be deposited with the National ..... X X X X Extracts X X X X X X X X Extracts X X X X
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