2015 (6) TMI 1223 - HC - Indian Laws

Court Quashes Judgment in Criminal Case, Allows Revision Application

The High Court allowed the application for invoking revisional powers under Section 397 r/w. Section 401 of the Code of Criminal Procedure, 1973 for ... Compounding of offence under Section 138 Negotiable Instruments Act - Quashing of criminal proceedings upon settlement - Setting accused at liberty upon compoundingCompounding of offence under Section 138 Negotiable Instruments Act - Quashing of criminal proceedings upon settlement - Effect of amicable settlement between parties leading to compounding of the offence and consequent quashing of the trial and appellate orders - HELD THAT: - The Court recorded that the parties have amicably settled the dispute and that the cheque amount had been paid to the complainant; a settlement deed dated 27.5.2015 sworn before a Notary was placed on record. In view of the settlement and the complainant's representation, the Court held that the offence punishable under Section 138 of the Negotiable Instruments Act stands compounded. Consequentially, the impugned judgment and order of the trial Court dated 4.1.2014 and the order of the appellate Court dated 22.5.2015 were quashed and set aside. The Court ordered that the accused be set at liberty if not required in any other offence and permitted the registry to accept the vakalatnama filed on behalf of the complainant. [Paras 3, 4]The offence under Section 138 NI Act is compounded on the basis of settlement; the trial and appellate orders are quashed and set aside and the accused is directed to be set at liberty if not required in any other offence.Final Conclusion: On the parties' settlement and production of a notarised settlement deed, the Court compounded the offence under Section 138 NI Act, quashed the impugned trial and appellate orders and directed release of the accused if not wanted in any other case. Issues involved:1. Application for invoking revisional powers under Section 397 r/w. Section 401 of the Code of Criminal Procedure, 1973 for quashing judgment and order in Criminal Case No. 972 of 2011.2. Settlement between parties leading to compounding of the offence punishable under Section 138 of the Negotiable Instruments Act.Analysis:1. The judgment pertains to an application by the original accused seeking to utilize the revisional powers of the High Court under Section 397 r/w. Section 401 of the Code of Criminal Procedure, 1973. The applicant sought the quashing of the judgment and order dated 4.1.2014 passed in Criminal Case No. 972 of 2011 by the Additional Chief Metropolitan Magistrate, NI Act, Court No. 28, Ahmedabad, as well as the judgment and order dated 22.5.2015 in Criminal Appeal No. 36 of 2014 passed by the Additional Sessions Court, City Civil and Sessions Court, Court No. 23, Ahmedabad. The matter was taken up for hearing, and it was jointly submitted by the advocates representing the parties that a settlement had been reached.2. The settlement involved the payment of the cheque amount of Rs. 1,61,000 to the complainant, resulting in the amicable resolution of the dispute between the parties. A settlement deed dated 27.5.2015, sworn before a Notary, was produced on record. In light of this development and the settlement between the parties, the applicant requested the Court to compound the offence punishable under Section 138 of the Negotiable Instruments Act. The respondent No. 2, represented by their advocate, also agreed to the settlement. Consequently, considering the amicable resolution of the dispute, the Court allowed the application.3. The High Court ordered the quashing and setting aside of the judgment and order dated 4.1.2014 passed by the Additional Chief Metropolitan Magistrate and the judgment and order dated 22.5.2015 passed by the Additional Sessions Court. The accused was set at liberty, provided they were not required in any other offence. The Registry was directed to accept the vakalatnama of the advocate who appeared on behalf of the original complainant. The rule was made absolute, and direct service was permitted. The application was allowed, and the matter was disposed of accordingly.