9911796707
TMI Blog2023 (11) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... of sentence, dated 31.08.2022, passed by the learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. The accused-Suresh purchased apple boxes from the complainant-Kapil Sharma and in order to liquidate his financial liability towards the complainant, the accused issued two cheques, No. 717724, dated 14.09.2015, amounting to Rs.2,24,760/-, and No. 717725, dated 17.09.2015, amounting to Rs.78,030/- drawn at PNB Branch Shalli Bazaar, Theog, District Shimla, H.P. However, the aforesaid cheques, on being presented for encashment, were dishonored with remarks "Exceeds Arrangement". Thereafter, the complainant ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 2016, and affirmed vide judgment dated 30.05.2023, passed by learned Additional Sessions Judge (I), Shimla, District Shimla, H.P., in Criminal Appeal No. 63-S/10 of 2022. 7. Today, the complainant-Shri Kapil Sharma is present before this Court and his statement has been recorded and separately placed on the file. 8. In his statement, the complainant-Kapil Sharma stated that on the basis of his complaint under Section 138 of the NI Act, the petitioner was convicted by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., vide judgment of conviction dated 05.08.2022 and order of sentence dated 31.08.2022 and was sentenced to undergo simple imprisonment for a period of one year and to pay compensation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 was arrested on 30.7.2008 and has undergone the sentence impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned judgment of conviction, dated 05.08.2022, and order of sentence dated 31.08.2022, passed by the learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., in Criminal Case No. 97/3 of 2016, and affirmed by learned Sessions Judge-I, Shimla, District Shimla, H.P., vide judgment dated 30.05.2023, in Criminal Appeal No. 1263-S/10 of 2022, is quashed and setaside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Bail bonds, if any, stand discharged. 15. Undisputedly, the total amount of the cheques is Rs.3,02,790/- (Rs.2,24,760/- + Rs.78,030/-), however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ans 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 proceedings to their logical ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
