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TMI Blog2023 (10) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... 26-K/X/2018, whereby the judgment of conviction, dated 12.06.2018, and order of sentence, dated 11.09.2018, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Kangra, H.P., was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. During the month of September, 2014, the accused-Raghubir Singh purchased a Tractor Trolley, a thrashing machine and other equipments from the complainant-Dinesh Kumar, for a sum of Rs. 2,80,000/-, out of which the accused made payment of Rs. 30,000/-to the complainant. For the balance payment, the accused assured the complainant to make the same in the month of December, 2014. The accused, in order to liquidate his financial liability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the instant petition, a joint application (Cr.MP No. 3866 of 2023) under Section 147 of the NI Act read with Section 320 Cr.P.C. has been filed by the petitioner-accused and the complainant-respondent seeking permission of this Court to compound the offence by setting-aside the judgment of conviction, dated 12.06.2018, and order of sentence dated 11.09.2018, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Kangra, H.P. in Criminal Case No. 203-II/2015, and affirmed vide judgment dated 14.12.2022, passed by learned Sessions Judge, Kangra at Dhramshala, District Kangra, H.P., in Criminal Appeal No. 26-K/X/2018. 7. Today, the complainant-Shri Dinesh Kumar is present before this Court and his statement has been recorded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the offence punishable under Section 138 of the NI Act. 9. I have heard the learned counsel for the parties and have also gone through the material available on record. 10. Having taken note of the fact that the petitioner-accused and the complainant-respondent 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 ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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." 11. 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:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ound 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 compromised the matter with 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 application is allowed and matter is ordered to be compounded. 14. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction, dated 12.06.2018, and order of sentence dated 11.09.2018, passed by the learned Additional Chief Judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompounding 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. (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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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