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TMI Blog2024 (12) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 16.01.2024, passed by learned Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib, District Sirmour, H.P., in Criminal Case No. 379 of 2019. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 2(a). The complainant-Hoshiyar Singh and the petitioner-accused-Ramesh Chand had cordial relations and they were well acquainted with each other. As per the complainant, during the first week of June, 2019, the petitioner-accused borrowed a sum of Rs.1,00,000/- from him, as he was in urgent need of money for his personal requirement. The petitioner-accused, in order to liquidate his financial liability towards the complainant, issued post dated cheque, bearing No. 921749, dated 19.07.2019, amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment of conviction and order of sentence, dated 16.01.2024, passed by the learned Trial Court, were deemed to have been upheld and the petitioner-accused, in that case, was directed to surrender to undergo the sentence, as awarded by the learned Trial Court. The petitioner-accused was also directed to deposit 5% of the settled amount, as compounding fee before the District Legal Services Committee, Nahan, within two months. However, the petitioner-accused-Ramesh Chand could not comply with the terms and conditions of the compromise by depositing the amount of Rs.1,00,000/- before 31.07.2024, as such the judgment of conviction and order of sentence passed by the learned Trial Court stood revived, hence the instant petition. 5. During ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st Appellate Court, the judgment of conviction/order of sentence dated 16.01.2024, passed by the learned Trial Court stood revived. He has also stated that during the pendency of the instant revision petition, he has deposited the entire amount of compensation of Rs.1,15,000/- in the Registry of this Court as full and final settlement of the claim, therefore, the judgment of conviction/order of sentence dated 16.01.2024, passed by learned Trial Court and affirmed by the learned Appellate Court may be quashed and set-aside and he may be acquitted of the offence punishable under Section 138 of the Act. 8. In his statement complainant, Shri Hoshiyar Singh, stated that he had filed a complaint against the accused-petitioner under Section 138 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of compensation of Rs.1,15,000/- in the Registry of this Court, as full and final settlement of the claim, 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, 197 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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:- "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 swor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire amount of compensation of Rs.1,15,000/- in the Registry of this Court, as full and final settlement of the claim, 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 impugned judgment of conviction and order of sentence dated 16.01.2024, passed by learned Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib, District Sirmour, H.P. in CIS Regn. No. 379 of 2019, and affirmed vide order dated 10.07.2024, passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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