9911796707
TMI Blog2022 (5) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... t aside - the petitioner shall be released on bail subject to his involvement, if any, in any other case, upon payment of cost of Rs. 10,000/- to be deposited by the petitioner with the District Legal Services Authority, Gurugram within one month from the date of receipt of certified copy of this order. Petition allowed. - CRR-640-2022 (O&M) - - - Dated:- 25-4-2022 - HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr.Amit Jain, Advocate for the petitioner Mr. Vivek Goyal, Advocate for the respondent ORDER VINOD S. BHARDWAJ. J.(Oral) CRM-14492-2022 The instant application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for placing on record impugned order dated 26.10.2021 passed by the Additional Sessions Judge, Gurugram whereby the petitioner was declared proclaimed person, on the date of pronouncement of the judgment in the appeal preferred by the petitioner before the Lower Appellate Court. The application is allowed as prayed for and order dated 26.10.2021 is taken on record. CRR-640-2022 1. The challenge raised in the instant revision petition is to the impugned judgment dated 26.10.2021 passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27.07.2017. (iv) It is submitted that I am satisfied that the matter has een settled between complainant Salim Khan, Proprietor of M/s I.S. Steel Fabrication and Convict Adarsh Meni amicably/voluntarily without any pressure or coercion and the compromise appears genuine on the face of the record. (v) The matter has been compromised between the parties. 3. The issue regarding compounding under the Negotiable Instruments Act at the stage of appeal as well as revision has come before this court as well as before the Hon'ble Supreme Court and they have upheld that the powers under Section 147 of the Negotiable Instruments Act can be invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at the revisional jurisdiction and that the courts should be liberal in exercising such powers. 4. The Hon'ble Supreme Court in the matter of K.M. Ibrahim Vs. K.P Mohammed Another, passed in Criminal Appeal No.2281 of 2009 decided on 02.12.2009 held as under:- 5. Appearing for the appellant, Mr. Mukul Rohtagi, learned Senior Advocate, contended that since a specific power had been given to the parties to a proceeding under the Negotiable Instrum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. Ansari Naseer Ahmed [(2005) 12 SCC 140]; (9) Vinay Devanna Nayak vs. Ryot Sewa Sahakari Bank Ltd. [(2008) 2 SCC 305], wherein some of the earlier decisions have been noticed; and (10) Sudheer Kumar vs. Manakkandi M.K. Kunhiraman Anr. [2008 (1) KLJ 203], which was a decision of a Division Bench of the Kerala High Court, wherein also the issue has been gone into in great detail. 9. The golden thread in all these decisions is that once a person is allowed to compound a case as provided for under Section 147 of the Negotiable Instruments Act, the conviction under Section 138 of the said Act should also be set aside. In the case of Vinay Devanna Nayak (supra), the issue was raised and after taking note of the provisions of Section 320 Cr.P.C., this Court held that since the matter had been compromised between the parties and payments had been made in full and final settlement of the dues of the Bank, the appeal deserved to be allowed and the appellant was entitled to acquittal. Consequently, the order of conviction and sentence recorded by all the courts were set aside and the appellant was acquitted of the charge leveled against him. 10. The object of Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of Section 147 of the Negotiable Instruments Act as offence related to dishonour of cheque has a compensatory profile and it should be given precedence to cumulative mechanism. The offence is almost a civil wrong which has been clothed in a criminal overtones, therefore, priority should be given to compensatory mechanism. 6. It was also held in the matter of Damodar S. Prabhu Vs. Sayed Babalal H., AIR 2010 SC 1907 and Kaushalya Devi Massand Vs. Roopkishore Khore, (2011) 4 SCC 593, to the effect that compromise in question would definitely go a long way to strengthen the mutual relationship between the parties and would serve as an ever lasting tool in their favour. Such an exercise would be in consonance with the spirit of Section 147 of the Negotiable Instruments Act, 1881. 7. It was also held in the matter of Ramphal versus State of Haryana passed in CRM-M-9497 of 2021 and Bhoma Ram verus State of Haryana passed in CRM-M-4549 of 2021 decided on 10.02.2022, this Court has observed as under: 12. A co-ordinate Bench of this Court in CRM-M- 43813-2018 titled as Baldev Chand Bansal vs. State of Haryana and another , decided on 29.01.2019 has held as under:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held as under:- No doubt, the learned counsel for the respondent has vehemently argued that the offence under Section 174A I.P.C. is independent of the main case, therefore, merely because the main case has been dismissed for want of prosecution, the present petition cannot be allowed, however, keeping in view the fact that the present FIR was registered only on account of absence from the proceedings in the main case which had been subsequently regularised by the court while granting bail to the petitioner, the default stood condoned. In such circumstances, continuation of proceedings under Section 174A I.P.C. Shall be abuse of the process of court. 7. Accordingly, the petition is allowed. FIR No.446 dated 21.08.2017, registered under Section 174A I.P.C. At Police Station Kotwali, District Faridabad, as well as consequential proceedings shall stand quashed. 15. A perusal of the relevant extract of the above judgment would show that where the main case was dismissed for want of prosecution, it was observed that the continuation of proceedings under Section 174-A IPC shall be abuse of the process of court. 16. In the present case as is apparent from the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... li and another. 7. Perusal of the record reveals that nonappearance of the petitioner before learned trial Court is justified for the reason that he was not served at the given address. Moreover, after passing of the impugned order dated 05.09.2016 by learned trial Court, the petitioner has been granted anticipatory bail by learned Additional Sessions Judge, Ambala vide order dated 02.01.2017. Therefore, in these circumstances particularly when the matter has been compromised between the parties and the respondent No.2- complainant has withdrawn the complaint under Section 138 of the NIA Act, continuation of criminal proceedings against the petitioner under Section 174- A IPC would amount to abuse of process of law. 10. In view of the prosition in law noticed above laying down the scope of Section 147 of Negotiable Instruments Act, 1881 as well as the quashing of proceedings under Section 82 Cr.P.C. where principal dispute has already been settled, there is no iota of doubt that the case of the petitioner is covered by the ratio laid down in the said precedent judgments. The offence is thus ordered to be compounded in light of the substantive statutory provision and jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
