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TMI Blog2024 (7) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... leave of the Court where appeal against such conviction is pending. In cases where the accused relies upon some document for compounding the offence at the appellate stage, courts shall try to check the veracity of such document, which can be done in multiple ways. For the same, in the present matter, this Court vide order dated 18.03.2024 had asked the respondent-complainant to file an affidavit to bring on record whether or not any compromise has been reached between the parties. In Raj Reddy Kallem v. The State of Haryana Anr. [ 2024 (5) TMI 322 - SUPREME COURT ], this Court followed the same principles and quashed a conviction under the NI Act, by invoking its powers under Article 142, even though the complainant therein declined to giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .04.2019 set-aside the order of the Appellate Court and restored the order of the Trial Court, convicting the appellants. Now, the appellants are before this Court. 3. We have been apprised at the bar that before filing the present appeal, appellants and respondent-complainant had entered into a settlement agreement dated 27.01.2024. We have perused the settlement document and from the terms of the agreement, it is clear that the parties have settled the dispute among themselves. As per the agreement, the appellants have paid Rs.5,25,000 to the respondentcomplainant, who has agreed to settle the present matter for the said amount. Also, the complainant does not have any objection if the conviction of the appellants is set aside. The relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1881 makes all offences under NI Act compoundable offences. In our opinion, this settlement agreement can be treated to be compounding of the offence. All the same, Section 320 (5) of CrPC provides that if compounding has to be done after conviction, then it can only be done with the leave of the Court where appeal against such conviction is pending. 5. In cases where the accused relies upon some document for compounding the offence at the appellate stage, courts shall try to check the veracity of such document, which can be done in multiple ways. For the same, in the present matter, this Court vide order dated 18.03.2024 had asked the respondent-complainant to file an affidavit to bring on record whether or not any compromise has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d And Anr. v. Kanchan Mehta (2018) 1 SCC 560 Para 18.2 ) 7. In Raj Reddy Kallem v. The State of Haryana Anr. [2024] 5 S.C.R 203, this Court followed the same principles and quashed a conviction under the NI Act, by invoking its powers under Article 142, even though the complainant therein declined to give consent for compounding, observing that the accused has sufficiently compensated the complainant. 8. Considering the totality of the circumstances and compromise between the parties, we allow this appeal and acquit the appellants by setting aside the impugned order dated 01.04.2019 as well the Trial Court s order dated 16.10.2012. Appellant no.2, who was exempted from surrendering by this Court, need not surrender and his sureties are here ..... X X X X Extracts X X X X X X X X Extracts X X X X
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