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TMI Blog2023 (9) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... l Sessions Judge-III, Kangra at Dharamshala, camp at Baijnath, H.P., in Criminal Appeal No. 2-B/X/2017, whereby the judgment, dated 27.01.2017, passed by the learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P., in Criminal Complaint No. 41-III/14, convicting the accused-petitioner, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. The complainant-Munish Kumar Sharma used to run 'Bartan Bhandar', known as 'Annapurna Bartan Bhandar' at Pandol Road, Baijnath, and the accused-Krishan Kumar Bhatt was doing the same business in his shop at VPO Andreta, known as 'Vipul Enterprises'. On 21.06.2013 the accused-petitioner purchased utensils from the complainant, vid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed by the parties seeking permission of this Court to compound the offence by setting-aside judgment of conviction and order of sentence passed by the learned Trial Court, which was affirmed by the learned Lower Appellate Court. 8. Today, complainant-Shri Munish Kumar Sharma is present in person before this Court and his statement is separately recorded and placed on the file. 9. In his statement, complainant-Munish Kumar Sharma stated that he had filed a complaint against the petitioner under Section 138 of the NI Act, bearing Criminal Complaint No. 41-III/14, before the Court of learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P., and the learned Trial Court convicted the petitioner-accused, vide judgment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the fact that the entire amount of compensation, i.e., Rs.80,000/-, as awarded by the learned Trial Court, has been paid by the petitioner- accused to the complainant and the complainant has no objection in compounding the offence, therefore, this Court sees no impediment in accepting the prayer made on behalf of the accused-petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H., (2010) 5 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be compounded. However, since Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the CrPC, especially keeping in mind that Section 147 carries a non obstante clause." 12. In K. Subramanian Vs. R. Rajathi; (2010) 15 Supreme Court Cases 352, 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. The relevant portion of the judgment is reproduced as under:- "6. Thereafter a compromise was entered into and the petitioner claims that he has paid Rs. 4,52,289 to the respondent. In support of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... convicted under Section 138 of the Act, has 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. 14. 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. 15. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction and order of sentence, dated 27.01.2017, passed by the learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P., in Criminal Complaint No. 41-III/14, and affirmed by learned Addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made, compounding may be allowed by the Court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Curt deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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