TaxTMI 
TaxTMI 
2021 (11) TMI 294
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....2012 (I.C.C. Case No.176 of 2010) by the learned J.M.F.C., Angul and sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs. 2,50,000/- (Rupees two lakhs fifty thousand only) to the complainant. This been confirmed by judgment and order dated 18.03.2021 by the learned Sessions Judge, Angul in Criminal Appeal No.6/2014. 2. Perusal of the order dated 24.8.2021 passed in C.T. No.1229/2010 by the learned J.M.F.C.(I/C), Angul which has been annexed to this Criminal Revision as Annexure-3 reveals that the written acknowledgement had been filed by the complainant who was present in Court stating that he has received the full and final compensation amount from the petitioner. The prayer of the petitioner to set asi....
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....f the said settlement. 5. The copy of the compromise petition dated 23.08.2021 filed under Section 147 of the N.I. Act before the learned Magistrate has been filed by the learned counsel. It is stated in the petition that as the matter has been compromised and the complainant has received the claimed amount, the complainant does not want to proceed any more in the case. Prayer has been made in the said petition to set aside the conviction and punishment. The copy of the petition be kept in the record. 6. Mr. S.S. Pradhan learned Additional Govt. Advocate who had been requested to assist the Court, referring to the decision of the Hon'ble Apex court in the case of Meters and instruments Pvt. Ltd vs Kanchan Mehta reported in (2018) 1 SC....
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....the conviction under Section 138 of the said Act should also be set aside. In the case of Vinay Devanna Nayak (supra), the issue was raised and after taking note of the provisions of Section 320 Cr.P.C., this Court held that since the matter had been compromised between the parties and payments had been made in full and final settlement of the dues of the Bank, the appeal deserved to be allowed and the appellant was entitled to acquittal. Consequently, the order of conviction and sentence recorded by all the courts were set aside and the appellant was acquitted of the charge leveled against him. 10. xxx xxx xxx 11. As far as the non-obstante clause included in Section 147 of the 1881 Act is concerned, the 1881 Act being a ....
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.... the N.I. Act and set aside the order of conviction and sentence passed by the learned S.D.J.M., Bhubaneswar against the petitioner by the which has been confirmed in appeal by the learned Adhoc Addl. Sessions Judge (F.T.C.-3), Bhubaneswar. In the case of Damodar S Prabhu (supra) the Hon'ble Supreme Court the portions of the judgment relevant for the purpose of deciding this Criminal Revision are extracted below : "....21. With regard to the progression of litigation in cheque bouncing cases, the learned Attorney General has urged this Court to frame guidelines for a graded scheme of imposing costs on parties who unduly delay compounding of the offence. It was submitted that the requirement of deposit of the costs will ac....
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.... accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. 22. xxx xxx xxx 23. xxx xxx xxx 24. xxx xxx xxx 25. The graded scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the Court is spent on the trial of these cases and the parties are not liable to pay any Court fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the private parties. Even though the imposition of costs by the competent court is a mat....