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TMI Blog2023 (10) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... nabling provision which provides for the compounding of offences prescribed under the same Act, thereby serving as an exception to the general rule incorporated in sub-section (9) of Section 320 of the CrPC which states that No offence shall be compounded except as provided by this Section . A bare reading of this provision would lead us to the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded. 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 settled the matter with the complainant-Bank under the One Time Settlement scheme, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court - the parties are permitted to get the matter compounded in light of the fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k served a legal notice upon the petitioner-accused, demanding payment of the cheque amount within the stipulated time, but the petitioner-accused failed to make the payment within the stipulated period, therefore, the complainant-Bank filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter, for the sake of brevity, referred to as the NI Act ) before the learned Trial Court. 4. The learned Trial Court after conclusion of the trial convicted the accused under Section 138 of the NI Act and sentenced him to undergo simple imprisonment for one year and to pay a sum of Rs.10,00,000/- as compensation to the complainant-Bank. The petitioner-accused preferred an appeal against the aforesaid judgment of conviction and order of sentence before the learned Additional Sessions Judge, Hamirpur, alongwith an application for suspension of sentence and the learned Sessions Judge, vide order dated 01.08.2022, suspended the sentence, subject to petitioner s depositing 30% of the compensation amount. 5. Being dissatisfied, the accused/petitioner/convict preferred the instant petition against the impugned judgment of conviction and order of sentence, passed by the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Having regard to the salutary provisions 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. 10. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has settled the matter with the complainant-Bank under the One Time Settlement scheme, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. 11. 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 fact that the parties have settled the dispute amicably under One Time Settlement scheme. 12. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction, dated 17.05.2022, and order of sentence, dated 18.05.2022, passed by the learned Judicial Magistrate First Class, Barsar, District Ham ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y any court fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the private parties. Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in the interest of uniformity. The competent court can of course reduce the costs with regard to the specific facts and circumstances of a case, while recording reasons in writing for such variance. Bona fide litigants should of course contest the proceedings to their logical end. 16. Therefore, taking into consideration the law laid down by the Hon ble Apex Court (supra) and the financial condition of the petitioner-accused, as she is a house wife, 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.25,000/- (rupees twenty five thousand), only with the H.P. State Legal Services Authority, Shimla, H.P., within four weeks from today. 17. The petition stands disposed of accordingly, so also the pending miscellaneous application(s), if any. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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