TaxTMI 
TaxTMI 
2018 (6) TMI 900
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.... H.P., in Criminal Appeal No. 25 of 2009, whereby he affirmed the judgment dated 28.02.2009, passed by learned Judicial Magistrate 1st Class, Court No. 2, Hamirpur, H.P., in a Complaint No. 2-I-99/38-I/04, filed by the complainant/respondent No. 1 against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as the 'Act') whereby the petitioner was convicted and sentenced to undergo imprisonment for six months and also to pay compensation of Rs. 60,000/- to the complainant. 2. Today, the petitioner is present in the Court and stated that he had shown his bonafide by depositing the compensation amount of Rs. 60,000/- before the first Appellate Court at the time of filing of the appeal. He also ....
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....s been conferred to subserve the ends of justice or/ and to prevent abuse of the process of any Court. Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc. 5. The moot question is whether the Court in such like cases can set aside the judgments of conviction and sentence where the petitioner has been charged under Section 138 of the Act. This question need not detain this Court any longer in view of the three Judges Bench decision of the Hon'ble Supreme Court in Parbatbhai Aahir @ Parbatbhai and others versus State of Gujarat and another, (2017) 9 SCC 641, wherein after taking into consideration the ....
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....formation Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated; (vi) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision ....
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....d the entire compensation amount, therefore, quashing of the complaint initiated at the instance of complainant/respondent No.1 would be a step towards securing the ends of justice and to prevent abuse of process of the Court. 7. Keeping in mind the aforesaid exposition of law, it is clear that the facts of this case do not in any manner fall within any of the exceptions culled out by the Hon'ble Supreme Court in Parbatbhai Aahir's case (supra). 8. Thus, taking holistic view of the matter and further taking into consideration all the attending facts and circumstances as also the law laid down by the Hon'ble Supreme Court in Parbatbhai Aahir's case (supra), I find this to be a fit case to exercise the powers not only under Sections 397....