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TMI Blog2023 (8) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... es under the Indian Penal Code, 1860. In K. SUBRAMANIAN VERSUS R. RAJATHI REP. BY P.O.A.P. KALIAPPAN [ 2009 (11) TMI 1013 - SUPREME COURT ], it has been held by the Hon ble Apex Court that in view of the provisions contained in Section 147 of the Act read with Section 320 of Cr.P.C., compromise arrived at can be accepted even after recording of the judgment of conviction. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has already paid the entire amount of compensation to the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court - here, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. Therefore, taking into consideration the law laid down by the Hon ble Apex Court and the financial condition of the petitioner, as he is a poor person, since the competent Courts can reduce the compounding fee with regard to the specific facts and circumstances of the case, the petitioner is directed to deposit token compounding fee of Rs.5000/- only with the H.P. State Legal Services Authority, Shimla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Trial Court was upheld. The accused/petitioner/convict preferred a criminal revision (Criminal Revision No. 19 of 2021) before this Court, against the judgment of learned Sessions Judge (Forests), Shimla, H.P., which was also dismissed by a Co-ordinate Bench of this Court, vide judgment dated 16.03.2023. Hence, accused/petitioner /convict-Badri Prasad preferred the instant petition under Section 482 Cr.P.C., with a prayer to compound the case and to quash the impugned judgments and order passed by the learned Courts below and affirmed by the High Court. 6. During the pendency of the instant petition, an application (Cr.MP No. 2888 of 2023) under Section 147 of the NI Act has also been filed by the petitioner-accused seeking permission of this Court to compound the offence by setting-aside the judgment of conviction dated 16.05.2018 and order of sentence dated 21.05.2018, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, H.P., in Case No. 143-3 of 2015, which was affirmed, vide judgment dated 30.12.2019, passed by learned Sessions Judge (Forests), Shimla, H.P., in Criminal Appeal No. 14-R/10 of 2018 and by this High Court, v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SCC 663, wherein the Hon ble Apex Court has held as under:- 10. At present, we are of course concerned with Section 147 of the Act, which reads as follows:- 147. Offences to be compoundable Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable. At this point, it would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the Negotiable Instruments Act, 1881 is controlled by Section 147 and the scheme contemplated by Section 320 of the Code of Criminal Procedure (hereinafter CrPC ) will not be applicable in the strict sense since the latter is meant for the specified offences under the Indian Penal Code, 1860. 11. So far as the CrPC is concerned, Section 320 deals with offences which are compoundable, either by the parties without the leave of the court or by the parties but only with the leave of the Court. Sub-section (1) of Section 320 enumerates the offences which 9 are compoundable without the leave of the Court, while subsection (2) of the said section specifies the offences which are compoundable with the leave of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of Section 147 of the Negotiable Instruments Act read with Section 320 of the Code of Criminal Procedure, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him under Section 138 of the Code. 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has already paid the entire amount of compensation to the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. 13. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. 14. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction dated 16.05.2018 and order of sentence dated 21.05.2018, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, H.P., in Case No. 143-3 of 2015, affirmed by learned Sessions Judge (Forests), Shimla, H.P., vid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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