2018 (4) TMI 546

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.... has also ordered that accused-petitioner should pay compensation to the complainant under Section 357 Cr.P.C. to the tune to Rs. 50,000/-. Being aggrieved by the same, petitioner approached learned appellate Court but his that effort did not fructify to his advantage and the learned appellate Court dismissed his appeal. This sort of situation has necessitated filing of this revision petition. Learned counsel for the petitioner, Mr. Jain, submits that now rival parties have sorted out their dispute and compromise has been arrived at. With this positive assertion, learned counsel has urged that both the impugned judgments be annulled and sentence handed down by learned trial Court and confirmed by learned appellate Court be set aside. Learned Public Prosecutor on the other hand submits that although offence under Section 138 of the Act is compoundable but after verdict of learned appellate Court, it may not be appropriate to grant indulgence to the petitioner. Learned counsel for the complainant, while acknowledging the compromise having been arrived at between the parties, would urge that looking to the nature of offence and in the wake of settlement of dispute between the....

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.... be paid from that account,   the   drawer   is   to   be   punished  with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both. It may be noted that when the offence was inserted in the statute in 1988, it carried the provision for imprisonment up to one year, which was revised to two years following the amendment to the Act in 2002. It is quite evident that the legislative intent was to provide a strong criminal remedy in order to deter the worryingly high incidence of dishonour of cheques. While the possibility of imprisonment up to two years provides a remedy of a punitive nature, the provision for imposing a `fine which may extent to twice the amount of the cheque' serves a compensatory purpose. What must be remembered is that the dishonour of a cheque can be best described as a regulatory offence that has been created to serve the public interest in ensuring the reliability of these instruments. The impact of this offence is usually confined to the private parties involved in commercial transactions." While switching ....

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....recognize some of them as compoundable offences and some others as compoundable only with the permission of the court. ..." In a recently published commentary, the following observations have been made with regard to the offence punishable under Section 138 of the Act [Cited from: Arun Mohan, Some thoughts towards law reforms on the topic of Section 138, Negotiable Instruments Act -Tackling an avalanche of cases (New Delhi: Universal Law Publishing Co. Pvt. Ltd., 2009) at p. 5] "... Unlike  that  for other  forms of crime, the punishment here (in so far as the complainant is concerned) is not a means of seeking retribution, but is more a means to ensure payment of money. The complainant's interest lies primarily in recovering the money rather than seeing the drawer of the cheque in jail. The threat of jail is only a mode to ensure recovery. As against the accused who is willing to undergo a jail term, there is little available as remedy for the holder of the cheque. If we were to examine the number of complaints filed which were `compromised' or `settled' before the final judgment on one side and the cases which proceeded to jud....

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....ead with Section 147 of N.I. Act, which is signed by both the parties indicating that the rival parties have entered into compromise as well as affidavit of the complainant acknowledging factum of compromise. The complete text of affidavit of complainant dated 22nd of March, 2018, in vernacular, reads as under: The written compromise is duly verified by Deputy Registrar (Judl.) of the Court today. Therefore, applying the ratio decidendi of Damodar S.Prabhu (supra) and the guidelines framed therein, on the strength of compromise being arrived at between petitioner and the complainant, I feel persuaded to exercise revisional jurisdiction for doing real and substantial justice in the matter for the administration of which alone the Courts exist. Accordingly, I prefer to give priority to the compensatory aspect of remedy over the punitive aspect in the matter in the wake of settlement of dispute and compromise being arrived at between the rival parties. In view of foregoing discussion, the instant revision petition is allowed, impugned judgment dated 21.10.2016 passed by learned appellate Court as well as judgment dated 30.09.2015 passed by learned trial Court are set at naugh....

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....®à¥à¤®à¤¦ हनीफ, जाति मुसलमान, उम्र के नीचे. चौखला बाजार, उदयपुर (राज.) द्वितीय पक्षकार / अभियुक्त 1. यह कि प्रथम पक्षकार / परिवादी ने द्वितीय पक्षकार / अभियुक्त के विरूद्ध एक परिवाद अन्तर्गत धारा 138 एन. आई. एक्ट माननीय न्यायालय विशिष्ठ न्यायि....

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....¤·à¥à¤  न्यायाधीश अ.जा./अ.ज.जा.(अ.नि.प्र.). उदयपुर में प्रस्तुत की गयी थी जिसका अनवान मोहम्मद युनुस बनाम राजस्थान राज्य व अन्य जिसके प्रकरण संख्या 159 / 2016 डोकर अपील फौजदारी है, जिसमें माननीय न्यायालय द्वारा दिनांक 21.10. 2016 को निर्णित करते हुए अधीनसà....

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....¤°à¤£ में किसी प्रकार की आगे कोई कार्यवाह । उत्तर प्रकरण में राजीनामे के आधार पर द्वितीय पक्षकार / अभियुक्त को माननीय न्यायालय द्वारा दोषमुक्त करने पर भी मुझ प्रथम पक्षकार / परिवादी को किसी प्रकार की कोई आपत्ति नहीं है। 3. यह कि द्व....

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....¨ किया जावेगा तथा प्रथम पक्षकार / परिवादी की ओर से अधिवक्ता नियुक्त करने व होने वाले समस्त खर्चा की जिम्मेदारी द्वितीय पक्षकार / अभियुक्त की रहेगी, उसको द्वितीय पक्षकार / अभियुक्त स्वयं वहन करेगा। लिहाजा यह समझौता नामा आज दिनांà....