9911796707
TMI Blog2025 (1) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment of conviction, dated 04.01.2024, and order of sentence dated 05.01.2024, passed by learned Chief Judicial Magistrate, Shimla, District Shimla, H.P., in CIS Registration No. 799 of 2021, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 2(a). The complainant (respondent herein) filed a complaint, through Manager, M/s Janta Flour Mills, 33, Anaj Mandi, Shimla, wherein it was alleged that M/s Janta Flour Mills deals in wholesale business of all kinds of rice, pulses, atta, maida etc. and the petitioner-accused was the owner of Mehta Bakers, Theog, and he was regular customer of the complainant. 2(b). Initially, the complaint was filed during the year 2021, but, vide ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpensation of Rs.16,000/- to the complainant. 4. Being dissatisfied, the accused/petitioner/convict preferred an appeal before the learned Lower Appellate Court, which was dismissed, and judgment of conviction, dated 04.01.2024, and order of sentence, dated 05.01.2024, passed by the learned Trial Court, were affirmed. Hence, accused/petitioner/convict-Tara Dutt Mehta preferred the instant petition under Section 438 read with Section 442 of BNSS with a prayer that his petition be allowed and the impugned judgments and order of sentence passed by the learned Courts below be set-aside and he be acquitted. 5. During the pendency of the instant petition, an application (Cr.MP No. 5086 of 2024) under Section 147 of the Act has been filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as he has paid the entire amount of compensation to her. Therefore, she does not intend to pursue her complaint under Section 138 of the Act and she has no objection in case the matter is compounded and the judgment of conviction, dated 04.01.2024 and order of sentence dated 05.01.2024, passed by learned Chief Judicial Magistrate, Shimla, District Shimla, H.P., and affirmed by learned Additional Sessions Judge (CBI Court), Shimla, District Shimla, H.P., vide judgment dated 07.06.2024, is quashed and set-aside and the petitioner is acquitted of the offence under Section 138 of the Act. 9. I have heard the learned counsel for the petitioner, learned counsel for the respondent and gone through the material available on record. 10. Having tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which 9 are compoundable without the leave of the Court, while subsection (2) of the said section specifies the offences which are compoundable with the leave of the Court. 12. Section 147 of the Negotiable Instruments Act, 1881 is in the nature of an enabling provision which provides for the compounding of offences prescribed under the same Act, thereby serving as an exception to the general rule incorporated in sub-section (9) of Section 320 of the CrPC which states that 'No offence shall be compounded except as provided by this Section'. A bare reading of this provision would lead us to the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded. However, since Section 147 was inserted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent and the respondent has accepted the compromise offered by the petitioner pursuant to which he has received a sum of Rs.4,52,289. In the affidavit filed by the respondent a prayer is made to permit the petitioner to compound the offence and close the proceedings. 8. Having regard to the salutary provisions of Section 147 of the Negotiable Instruments Act read with Section 320 of the Code of Criminal Procedure, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him under Section 138 of the Code." 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the Court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Curt deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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