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TMI Blog2025 (1) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... e.' In K. Subramanian Vs. R. Rajathi [ 2009 (11) TMI 1013 - SUPREME COURT ], 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. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. Conclusion - 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. The present matter is ordered to be compounded and the impugned judgment of conviction and order of sentence passed by learned Chief Judicial Magistrate, Shimla, District Shimla, H.P, which was affirmed in appeal by learned Additional Sessions Judge (CBI Court), Shimla, District Shimla, H.P., are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - Undisputed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complainant issued a legal notice, dated 12.07.2021 to the petitioner-accused and the petitioner-accused, despite receipt of the same, did not make the payment of the amount of the cheques. Resultantly, the complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act ) before the learned Trial Court. 3. The learned Trial Court after conclusion of the trial convicted the accused under Section 138 read with Section 142 of the Act and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation 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 pend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner - accused and the complainant-respondent have settled the matter 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 accusedpetitioner 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, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate that indeed a compromise has taken place between the petitioner and the respondent 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 matter with the complainant, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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