TaxTMI 
TaxTMI 
2018 (6) TMI 934
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....due against the accused. The accused in order to discharge his liability issued two cheques No.001172 of 30.05.2010 amount to Rs. 50000/- of the ICICI Bank, Solan and cheque No.001173 of 1.6.2010 amounting to Rs. 3,11,838/-. The accused assured the complainant that the cheque will be encashed on presentation. However, the cheque bearing No.0011072 of 30.05.2010 amounting to Rs. 50000/- on presentation stood returned to the complainant along with memo of 20.11.2010 with endorsement "insufficient funds'. It is submitted that the complainant intimated this fact to the accused, who requested the complainant that he was facing financial crunches in these days and requested to present the said cheque after some time. The complainant again presented the cheque in his account and his banker forwarded the cheque for collection to ICICI Bank, Solan but the cheque was again dishonoured due to the reason of "funds insufficient. The bank of the complainant intimated, it about the non encashment of the cheque vide memo of 26.11.2010. It is submitted that the accused deliberately and intentionally issued bogus cheque in favour of the complainant, knowing that he was not having sufficient fund....
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....dication. 7. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 8. The contention, reared, by the learned counsel appearing for the petitioner, is, rested upon (a) of with the complainant, vis-a-vis, the amount borne, in, the dishonoured negotiable instrument, instituting a civil suit, for its recovery, before, the learned Civil Judge (Sr. Division), Court No.1, Kasauli, suit whereof stood, registered as Civil Suit No.01/01 of 2012, and, with the learned trial Court rendering thereon, an affirmative decree, borne in Ex. Dx-1, AND, thereafter, as reflected by Ex. Dx-2, the money decree rendered in Civil Suit No. 01/01 of 2012, being satisfactorily executed, (b) hence, thereupon, with, the entire amount, borne, in the dishonoured negotiable instrument being fully satisfied, and, realized by the respondent/complainant; (c) thereupon, the concomitant sequel thereof, being an implied composition of the offence, arising, from the dishonour of negotiable instrument, rather occurring, inter se the petitioner/convict, and, the respondent/complainant, (d) thereupon, this Court, also accept....
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.... been duly compensated, can in its discretion close the proceedings and discharge the accused", phrase whereof, occurring, in relevant sub para (iii), of the verdcit (supra), carrying, obviously the apt signification (a) of, the courts hence encouraging, composition of offence(s), at the initial stage; (b) of courts superior, to, the trial Court, being vested with jurisdiction, to order for composition of the apt offence, subject to determination of an appropriate compensation, vis-a-vis, the complainant, and, (c) of the empowerment, for closing the proceedings, arising, from cognizance being taken, upon, the complaint, by the Magistrate concerned, and, thereafter qua discharge, of, the accused, being also empowerments rather solitarily vesting, in the trial court concerned, (d) especially, when the order(s), qua closure of proceedings, after cognizance being taken, on, the complaint, and, order qua subsequent discharge thereto, of, the accused, can only occur, before the learned Magistrate concerned, hence are renderable, only, by the latter (e) whereas, the Courts superior, to the learned trial Magistrate, though, being empowered, to, make an order for composition of offence(s), ....
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....liatory overtures, to the respondents/complainant, and, also overrides, all the effect of all his propagations, of, realization(s), through, coercive processes, from, his assets, the amount borne, in the dishonoured negotiable instruments, being construable or tantamounting, to be compository/conciliatory realization(s), hence occurring inter se him, and, the complainant. More so, even when without, his hotly contesting, the apposite civil suit, he could well have made an apt tenable endeavour, before, the learned trial Magistrate, for composition of the offences, (d) whereas, contrarily, his contesting, the civil suit, renders him disabled, to derive any capitalization therefrom nor in garb, of, coercive execution, of the decree of the civil court, vis-a-vis, the amounts, borne in the dishonoured negotiable instrument, he is enabled , to, contend, that per se thereupon, an apt amicable compository settlement rather occurring, hence, this Court, proceedings to quash and set aside, the concurrent verdicts recorded against him, by both, the learned Courts below. 9. Dehors the aforesaid conclusions, formed, by this Court, given, the Hon'ble Apex Court in a case titled as P. Ram D....
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....d to the appellant. 5. Having regard to the fact that the appellant has already deposited the compensation amount of Rs. 6 lacs and also the fine amount of Rs. 10,000/-, what remains is to undergo simple imprisonment for 2 months. We find that the Trial Court while awarding the sentence of 2 months has not considered the plea which has been urged before this Court as adverted to in the preceding paragraphs of this order. Neither the Revisional Court nor the High Court has considered the same. The appellant is the only earning member in the family and her source of income is also very nominal, barely enough to maintain herself and her family members and if she undergoes simple imprisonment for a period of two months, then she may end up losing her service, which is the only source of income for the family." (p.251-252) wherein, in P. Ramdas's case (supra), in lieu or in substitution, of, imposition, of, sentence of simple imprisonment upon the convict therein, the Hon'ble Apex Court, had imposed additional compensation amount, upon, the convict, AND, also ordered, qua its being defrayable to the complainant, upon, evidence surging forth, of the entire amount, borne, ....