9911796707
TMI Blog2024 (12) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment of conviction and order of sentence, dated 08.07.2016, passed by learned Judicial Magistrate Fist Class, Anni, District Kullu, H.P., in Case No. 14-3 of 2016, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. The complainant-Shri Mahant Kumar (respondent herein), being an agriculturist and horticulturist, on 15.08.2013 supplied an apple consignment to the petitioner-accused, who used to purchase apples on whole sale basis at Dethal, and in order to liquidate his financial liability towards the complainant, the petitioner-accused issued a cheque bearing No. 314255, dated 30.08.2013, amounting to Rs.1,43,900/- in favour of the complainant, drawn at Punjab National Bank, B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 820 of 2024) under Section 147 of the Act has been filed by the petitioner-accused seeking permission of this Court to compound the offence on the basis of compromise deed filed alongwith the application by settingaside the judgment of conviction and order of sentence dated 08.07.2016, passed by learned Judicial Magistrate 1st Class Anni, District Kullu, H.P., which was affirmed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., vide judgment dated 06.03.2019, in Criminal Appeal No. 15 of 2018. 7. Today, complainant-Shri Mahant Kumar is present before this Court and his statement has been recorded and separately placed on the file. 8. In his statement, complainant-Shri Mahant Kumar stated that he has compromised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ything 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 Indian Penal Code, 1860. 11. So far as the CrPC is concerned, Section 320 deals with offences which are compoundable, either by the parties without the leave of the court or by the parties but only with the leave of the Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im, 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 imposed on him by the trial Court and confirmed by the Sessions Court, the High Court as well as by this Court. The two affidavits sought to be produced by the petitioner as additional documents would indicate that indeed a compromise h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .03.2019, in Criminal Appeal No. 15 of 2018, are quashed and set-aside and the petitioneraccused 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 cheque is Rs.1,43,900/-, however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of compounding fee may be reduced. 16. 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 follows: (a) That directions can be given that the writ of summons be suitably m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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." 17. Therefore, taking into consideration the law laid down by the Hon'ble Apex Court (supra) and the financial condition of the petitioner, since the competent Courts can reduce the compounding fee with regard to the specific facts and circumstances of the case, the petitioner is directed to deposit token compounding fee of Rs. 2,500/- (rupees ..... X X X X Extracts X X X X X X X X Extracts X X X X
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