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of <h1>Compounding of offense under Section 138 NIA results in acquittal, conviction quashed, and case disposed.</h1> <h3>Lal Singh Versus Kalyan Singh</h3> Lal Singh Versus Kalyan Singh - TMI Issues Involved:The judgment involves the issue of compounding of the offense under Section 138 of the Negotiable Instruments Act.Summary:The petitioner-accused filed a petition under Section 397 read with Section 401 of the Code of Criminal Procedure against a judgment convicting him under Section 138 of the Negotiable Instruments Act. The accused had borrowed money from the complainant and issued a post-dated check that was dishonored. After a legal notice and trial, the accused was convicted and sentenced to imprisonment and compensation. The accused appealed, but the lower court upheld the judgment. During the petition, the complainant and accused reached a settlement, with the complainant receiving the compensation amount. The complainant expressed no objection to quashing the conviction and setting aside the sentence, leading to the petition for compounding the offense.Detailed Judgment:The petitioner sought permission to compound the offense under Section 138 of the Negotiable Instruments Act. The complainant confirmed receiving the compensation amount and expressed no objection to quashing the conviction and setting aside the sentence. The court considered the provisions of Section 147 of the Act and relevant Supreme Court judgments, highlighting that offenses under this Act are compoundable. The court referred to precedents indicating that compromises can be accepted even after the recording of a judgment of conviction. Since the accused had paid the compensation amount, the court accepted the prayer for compounding the offense.Conclusion:The court permitted the parties to compound the matter based on the compromise reached between them. The compounding fee was deposited as directed. Consequently, the judgment of conviction and sentence were quashed and set aside, and the petitioner-accused was acquitted of the charge under Section 138 of the Act. Bail bonds, if any, were discharged. The petition and any pending applications were disposed of accordingly.
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