TaxTMI 
TaxTMI 
2021 (12) TMI 575
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....cts, in brief, leading up to this petition are as follows: a) On 02.07.2013 and on 08.08.2013, Respondent No.2 had borrowed sum or Rs. 1,50,000/- and Rs. 1,00,000/-, respectively, from the Petitioner/Complainant, for the purpose of constructing a house. It is stated that for repayment of the loan, Respondent No.2 issued cheque no. 365655 dated 01.11.2014 for a sum of Rs. 2,50,000/-, and this cheque was dishonoured on presentation. On failure of payment, the Petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter, "N.I. Act") bearing old case C.C. No. 70/2015, and new C.C. No.2512/2017 before the Ld. Metropolitan Magistrate, Karkardooma Courts, Delhi. b) It is stated that after R....
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....nsferred to the account of Delhi Legal Services Authority (East), Delhi. e) Being aggrieved with the Order dated 24.12.2020, the Petitioner/Complainant has approached this Court by filing the instant revision petition with the following prayers: "(i) Set aside the impugned order dated 24.12.2020 passed by Ld. Adell. Sessions Judge, KKD Court in Crl. Appeal No.27 /2020 and allow the Petitioner to recover the amount of 20°/o i.e. Rs. 60,000/- as deposited through Bank Draft/DD in favour of Ld. District & Sessions Judge (East) at the time of admission of the said appeal 1n lieu of suspensions *of 6 months R.I. sentence of Respondent No.1. (ii) Enhance fine in lieu of suspension of the sentence of the Respondent N....
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....perused the material on record. 6. Section 138 of the N.I. Act stipulates the punishment for dishonour of cheque for insufficiency, etc. of funds in the account. As per Section 147 of the N.I. Act, notwithstanding anything contained in the Cr.P.C., every offence punishable under the N.I. Act is deemed to be compoundable. Therefore, the offence of dishonouring of a cheque is a compoundable offence. The facts of the instant case indicate that in pursuance of Order dated 14.02.2020 of the Ld. Trial Court, a Mediation Settlement dated 22.09.2020 was signed by both the parties as per which Respondent No.2 was directed to pay a sum of Rs. 3,00,000/- by way of cash against receipt/DD/account transfer in four instalments. This settlement agreeme....
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...., cannot be said to be the law of the land that are to be followed in every case, and therefore, are not binding under Article 141 of the Constitution of India. This Court finds it unfortunate that precious judicial time is wasted in adjudication of such petitions that are meant to wholly subserve the avarice of a few individuals. 9. Furthermore, the scope of the revision petition under Sections 397/401 Cr.P.C. read with Section 482 Cr.P.C. is narrow. The Supreme Court in Amit Kapoor v. Ramesh Chander, (2012) 9 SCC 460, has observed as under: "12. Section 397 of the Code vests the court with the power to call for and examine the records of an inferior court for the purposes of satisfying itself as to the legality and regularity ....
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....ed. Even framing of charge is a much advanced stage in the proceedings under the CrPC. xxxxx 20. The jurisdiction of the court under Section 397 can be exercised so as to examine the correctness, legality or propriety of an order passed by the trial court or the inferior court, as the case may be. Though the section does not specifically use the expression "prevent abuse of process of any court or otherwise to secure the ends of justice", the jurisdiction under Section 397 is a very limited one. The legality, propriety or correctness of an order passed by a court is the very foundation of exercise of jurisdiction under Section 397 but ultimately it also requires justice to be done. The jurisdiction could be exercised where....
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....n accordance with the principles of criminal jurisprudence. The revisional power of the court under Sections 397 to 401 CrPC is not to be equated with that of an appeal. Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or glaringly unreasonable or where the decision is based on no material or where the material facts are wholly ignored or where the judicial discretion is exercised arbitrarily or capriciously, the courts may not interfere with decision in exercise of their revisional jurisdiction." 10. This Court, therefore, finds no legal infirmity in the impugned Order dated 24.12.2020 of the Ld. Trial Court, and is of the opinion that the decisi....