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of <h1>Court allows compounding of offence under Section 138 of Negotiable Instruments Act, acquits accused</h1> <h3>Suresh Kumar Versus Maheshwar Sharma</h3> Suresh Kumar Versus Maheshwar Sharma - TMI Issues:Petition filed under Section 397(1) read with Section 401 of the Code of Criminal Procedure against judgment convicting the accused under Section 138 of the Negotiable Instruments Act; Compromise between parties leading to a prayer for setting aside the conviction and sentence; Application of Section 147 of the Act for compounding the offence.Analysis:The petitioner, accused in a case under Section 138 of the Negotiable Instruments Act, filed a petition under Section 397(1) read with Section 401 of the Code of Criminal Procedure against the judgment of conviction. The accused had issued a dishonored cheque to the complainant, leading to legal proceedings. The complainant and the accused entered into a compromise, with the accused paying the entire compensation amount. The complainant expressed no objection to quashing the conviction and sentence. The court noted the payment and the compromise, allowing for the compounding of the offence.The court referred to Section 147 of the Negotiable Instruments Act, which makes every offence under the Act compoundable. It clarified that the compounding of offences under this Act is controlled by Section 147 and not Section 320 of the Code of Criminal Procedure. Section 147 is an enabling provision allowing for compounding of offences under the Act, overriding the general rule of Section 320(9) of the CrPC. The court cited legal precedents to support the acceptance of compromises even after the recording of a judgment of conviction.In light of the compromise between the parties and the payment of compensation by the accused, the court accepted the prayer for compounding the offence. The court quashed the judgment of conviction and order of sentence, acquitting the accused of the charge under Section 138 of the Act. The bail bonds, if any, were discharged, and the petition was disposed of accordingly.Therefore, the court, following the legal provisions and precedents, allowed for the compounding of the offence based on the compromise between the parties, leading to the setting aside of the conviction and sentence imposed on the accused under Section 138 of the Negotiable Instruments Act.
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