2020 (9) TMI 1062

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ands disposed of. Revision be registered. Cr. Revision No. 88/2020 2. Challenging the judgment of conviction passed by the learned Sessions Judge, Hamirpur, H.P. in Criminal Appeal No. 14 of 2017 dated 29.1.2019, whereby the first Appellate Court had affirmed the judgment of conviction passed by learned Chief Judicial Magistrate, Hamirpur, H.P. in complaint No. 43-1-2013 dated 1.8.2017, under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act), the petitioner has come up in this Court for invoking the revisionary jurisdiction under Section 397 read with Section 401 of the Code of Criminal Procedure. 3. The facts of the case apposite to decide the present petition are that th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ree months and ordered to pay compensation amount of Rs. 3,34,000/- under Section 357 (3) of Cr.P.C. 4. The Appellate Court upheld the conviction and now the convict has come up with the present Criminal Revision. 5. Learned Counsel appearing for the petitioner, submits that since the complainant is an Institution, therefore, due to procedural formalities it is almost impossible to enter into a compromise with respondent-bank and since entire compensation has been paid as such matter be compounded. 6. Therefore, in my considered view, the offence is ordered to be compounded and all proceedings are quashed on the following grounds:- I. The jurisprudence behind the N.I. Act is that the business transactions should be honoured. The legisl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al Appeal No. 14 of 2017 dated 29.1.2019, whereby the first Appellate Court had affirmed the judgment of conviction passed by learned Chief Judicial Magistrate, Hamirpur, H.P. in complaint No. 43-1-2013 dated 1.8.2017, under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, are quashed and set aside. Consequently, the petitioner is acquitted of the offence under Section 138 of the Act. The bail bonds are accordingly discharged. 10. This compounding is subject to the convict/accused depositing 15% of the cheque amount, in terms of the judgment passed by a Larger Bench of Hon'ble Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, whereby following law for compounding of offences punishable ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in case of compounding during the pendency of proceedings before a Magistrate's Court or a Court of Sessions, such costs should be deposited with the District Legal Services Authority. Likewise, costs imposed in connection with composition before the High Court should be deposited with the State Legal Services Authority and those imposed in connection with composition before the Supreme Court should be deposited with the National Legal Services Authority." 11. The learned trial Court shall release all the amount in the manner discussed here-in-above on the production of certified copy of this judgment by respondent. In view of the above statement of the learned counsel for the petitioner, the respondent/complainant is entitled to recei....