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TMI Blog2023 (11) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... ion (Cr.MP No. 3387 of 2023) was filed on behalf of the accused respondent/ convict, under Section 147 of the Negotiable Instruments Act, for compounding the offence and Bank Draft, bearing No. 070995, dated 14.09.2023, in the sum of Rs.1,00,000/-, was handed over by the learned counsel for the accused-respondent to the learned vice counsel for the appellant-complainant in the Court. Thereafter, the case was listed for presence of parties on 04.10.2023 and on 04.10.2023 learned counsel for the parties jointly stated that the matter has been compromised and the accused respondent has agreed to pay a sum of Rs.30,000/- over and above the cheque amount of Rs.1,00,000/-, to the appellant complainant within a period of two weeks and the matter w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... romise 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 wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them. 7. Accordingly, the present matter is ordered to be compounded and the judgment, dated 6th September, 2023, passed by this Court, in Criminal Appeal No. 26 of 2021, is quashed and set-aside and the petitioner accused is acquitted of the charge framed against him under Section 138 of the Act. 8. Undisputedly, the cheque amount is of Rs.1,00,000/-, however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of the compounding fee may be reduced. 9. 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh 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." 10. Therefore, taking into consideration the law laid down by the Hon'ble Apex Court (supra) 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 circums ..... X X X X Extracts X X X X X X X X Extracts X X X X
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