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TMI Blog2023 (10) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... einabove. Accordingly, judgment of conviction, dated 31.05.2017, and order of sentence dated 02.06.2017, passed by the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P., in Complaint No. 83 of 2014, and affirmed by the learned Additional Sessions Judge-I, Mandi, District Mandi, H.P., vide judgment dated 12.08.2022, in Criminal Appeal No. 51 of 2017, are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. 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/- (rupees three thousand) only with the H.P. State Legal Services Authority Shimla, H.P., within four weeks from today. Petition disposed off. - The Hon ble Mr. Justice Sushil Kukreja , Judge For the Petitioner : Mr. Rajesh Kashyap , Advocate For the Respondent : Mr. Ashok Sood , Sr. Advocate, with Mr. Abhishek Banta , Advocate ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter has been resolved as under: While conducting the mediation in Criminal Revision No. 535 of 2022, Sh. Naresh Kumar, Sh. Kanhaiya Lal Verma, Smt. Reema Devi and Sh. Kuldeep Verma were also present when taking into consideration the overall benefit of settlement between the parties and especially in view of the fact that all the four parties are related to each other in one way of the other, the parties deemed it appropriate to resolve the dispute once for all in both the cases (Criminal Revision No. 535 of 2022 and FAO No. 555 of 2019). The Terms of Settlement covering both the cases stood reduced into writing on 29.08.2023 during the mediation process. The parties have again been read over and explained the said terms today also and acknowledge the same to be correct and binding upon them. The Terms of Settlement already arrived at and also recorded on 29.08.2023 are reproduced here-in-below: i) In so far as instant Criminal Revision No. 535 of 2022 is concerned, Kanhaiya Lalrespondent gives up abandons and relinquishes all his rights and entitlements in respect of the cheque in question forming subject matter the proceedings under Section 138 of Negotia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able settlement, he does not intend to pursue his complaint under Section 138 of the NI Act and has no objection in case the judgment of conviction dated 31.05.2017 and order of sentence dated 02.06.2017, passed by the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P., and affirmed by the learned Lower Appellate Court, vide judgment dated 12.08.2022, are quashed and set-aside and the petitioner-accused is acquitted of the offence punishable under Section 138 of th NI Act. 10. I have heard the learned Counsel for the petitioner-accused, learned counsel for the respondent and examined the entire records. 11. Having taken note of the fact that during the pendency of the instant revision petition, the matter has been amicably settled before the learned Mediator and as per the terms of the settlement (as enumerated above), the complainant/respondent has abandoned and relinquished all his rights and entitlements in respect of the cheque in question, forming subject matter of the proceedings under Section 138 of the NI Act, except the amount of Rs.3,60,000/-, which had been deposited by the petitioner in the Registry of this Court, and the complainant does not in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, 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 this claim, the petitioner has produced an affidavit sworn by him on 1.12.2008. The petitioner has also produced an affidavit sworn by P. Kaliappan, Power of attorney holder of R. Rajathi on 1.12.2008 mentioning that he has received a sum of Rs. 4,52,289 due under the dishonoured cheques in full discharge of the value of cheques and he is not willing to prosecute the petitioner. 7. The learned counsel for the petitioner states at the Bar that the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posited by the petitioner-accused in the Registry of this Court, may be released in favour of the complainant respondent. In view of the fact that the matter has been settled between the parties before the learned Mediator, the Registry is directed to release an amount of Rs.3,60,000/-, which had been deposited by the petitioner-accused in the Registry, in favour of the complainant-Shri Kanhaiya Lal Verma, in his bank account, particulars whereof find mention in para No. 2 of Cr.M.P. No. 3556 of 2023, after due verification. 16. Undisputedly, the cheque amount is of Rs.7,00,000/-, however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of compounding fee may be reduced. 17. In case K. Subramanian vs. R. Rajathi (supra), the Hon ble Apex Court had issued the guidelines with respect to the imposition of compounding fee, which read as under:- THE GUIDELINES (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the writ of summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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