2011 (3) TMI 1815 - HC - Indian Laws

Applicant Amends Prayer, Compounds Offence, Quashes Judgments: Settlement Impact

The Court allowed the applicant to amend the prayer clause, compound the offence under Section 138 of the Negotiable Instruments Act, and quash previous ... Compounding of offence under Section 138 of the Negotiable Instruments Act - quashing and setting aside conviction on settlement - effect of compromise after conviction and dismissal of revision - deposit to Legal Services Authority pursuant to Damodar S. PrabhuCompounding of offence under Section 138 of the Negotiable Instruments Act - quashing and setting aside conviction on settlement - effect of compromise after conviction and dismissal of revision - deposit to Legal Services Authority pursuant to Damodar S. Prabhu - Permissibility of compounding the offence and consequent quashing of convictions where parties have settled after conviction and dismissal of revision, subject to deposit with the Legal Services Authority. - HELD THAT: - The Court, noting the parties' compromise and the applicant's payment to the complainant of the cheque amount, together with the applicant's deposit of the amount required to be paid to the Legal Services Authority in terms of Damodar S. Prabhu, and having regard to the decision of a Single Judge of this Court on the permissibility of compounding post-conviction under the Negotiable Instruments Act, held that compounding is permissible in the facts and circumstances. The Court recorded that neither the learned APP nor the complainant's counsel, acting under instructions, objected to compounding. In consequence, and as the statutory and judicial preconditions relied upon by the applicant were satisfied (settlement between parties and deposit for the Legal Services Authority), the conviction and the confirming orders were quashed and set aside and the applicant was to be set at liberty unless required in another case. [Paras 8, 9]Application allowed; offence compounded and the orders of conviction quashed and set aside; applicant to be set free unless required in another case.Final Conclusion: The High Court permitted compounding of the offence under Section 138 of the Negotiable Instruments Act following an amicable settlement and requisite deposit for the Legal Services Authority, quashed and set aside the trial, appellate and revisional convictions, and directed release of the applicant unless detained in another matter. Issues involved: Application for amendment of prayer clause, compounding of offence u/s 138 of Negotiable Instruments Act, settlement between parties, quashing of previous judgments.Amendment of Prayer Clause:The applicant sought to amend the prayer clause by adding paragraph 12(AA) to the application under Section 482 of the Code of Criminal Procedure.Compounding of Offence u/s 138 of Negotiable Instruments Act:The applicant, an accused-convict, requested permission to compound the offence following a settlement with the respondent, agreeing to pay the cheque amount of Rs. 75,000. The applicant's advocate cited a previous judgment allowing compounding even after dismissal of a Criminal Revision Application, especially in cases under the Negotiable Instruments Act. The applicant also deposited Rs. 10,000 with the Gujarat State Legal Services Authority as required by a Supreme Court decision.Settlement between Parties:The respondent, through their advocate, confirmed receiving the cheque amount and had no objection to permitting the applicant to compound the offence and quash the previous convictions.Quashing of Previous Judgments:Considering the amicable settlement and payment made by the applicant, along with the lack of objections from the respondent and the learned APP, the Court permitted the applicant to compound the offence under Section 138 of the Negotiable Instruments Act. Consequently, the previous convictions were quashed, and the application was allowed, with the applicant to be set free unless required in another case.