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TMI Blog2023 (10) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... - 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 compromised the matter with the complainant, as per the compromise deed, dated 09.03.2023, 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 compromise arrived inter se them. The present matter is ordered to be compounded and the impugned judgment of conviction is quashed and set aside - the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Imposition of Compounding fee - HELD THAT:- Undisputedly, the total amount of cheque is Rs.4,57,000/-, however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of compounding fee may be reduced - In case K. SUBRAMANIAN VERSUS R. RAJATHI R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder to liquidate his financial liability towards the complainant-Group, issued cheque, bearing No. 004059, dated 07.08.2013, amounting to Rs.4,57,000/-, drawn at ICICI Bank, Paonta Sahib, in favour of the complainant-Group. The aforesaid cheque, on being presented for encashment, was dishonored with remarks funds insufficient . Subsequently, the complainant-Group issued legal notice to the petitioner-accused demanding its amount, but the petitioner-accused did not make any payment to the complainant-Group within the stipulated time. Therefore, the complainant-Group 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 a period of eight months and to pay a sum of Rs.8,00,000/- as compensation to the complainant. 5. Being dissatisfied, the accused/petitioner/convict preferred an appeal before the learned Lower Appellate Court, which was dismissed and the judgment of the learned Trial Court was upheld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maur District at Nahan, H.P., vide judgment dated 11.10.2012, is quashed and set-aside and the petitioner-accused is acquitted of the offence under Section 138 of the NI Act. 9. I have heard the learned Counsel for the petitioner-accused, learned learned counsel for the complainant/respondent and examined the entire records. 10. Having taken note of the fact that the parties have settled the matter 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 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not willing to prosecute the petitioner. 7. The learned counsel for the petitioner states at the Bar that the petitioner was arrested on 30.7.2008 and has undergone the sentence imposed on him by the trial Court and confirmed by the Sessions Court, the High Court as well as by this Court. The two affidavits sought to be produced by the petitioner as additional documents would indicate that indeed a compromise has taken place between the petitioner and the respondent and the respondent has accepted the compromise offered by the petitioner pursuant to which he has received a sum of Rs.4,52,289. In the affidavit filed by the respondent a prayer is made to permit the petitioner to compound the offence and close the proceedings. 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. 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. ... ... ... ... ... ... ... 25. The graded scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the court is spent on the trial of these cases and the parties are not liable to pay 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 proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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