TaxTMI 
TaxTMI 
2022 (5) TMI 574
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....ich the Additional Sessions Judge, Ludhiana has upheld the said conviction and the sentence. Learned Senior counsel for the petitioner has submitted and has referred to CRM No. 16946 of 2022, which is an application under Section 482 Cr.P.C. read with Section 147 of the Act for allowing the compounding of offence under Section 138 of Act on account of the fact that after the passing of the said judgment, a compromise dated 30.4.2022 (Annexure A-2) has been entered into between the parties and the entire dispute has been finally resolved. Brief background of the case is that respondent had filed the complaint under Section 138 of the Act, on account of dishonour of cheque dated 23.7.2013 for an amount of Rs.70,000/- issued in favour of the complainant. The same was dishonoured with the remarks 'insufficient funds'. After giving the statutory notice, when no money was paid by the petitioner, the complainant instituted the complaint under Section 138 of the Act. The trial Court, after considering the entire evidence on record, convicted the petitioner under Section 138 of the Act and sentenced the petitioner as stated hereinabove. The Additional Sessions Judge, Lud....
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....2022 by the learned Additional Sessions Judge, Ludhiana. 4. That the respondent concern through Harjit Singh had filed another complaint under Section 138 of the Act for dishonouring of cheque No. 275463 of Rs.1,20,000/-. The petitioner was convicted to suffer sentence of two years RI and fine of Rs. 2000/- in default. The petitioner had filed appeal bearing CIS No. CRA 362 of 2017 and the same was dismissed on 17.3.2022 by the learned Additional Sessions Judge, Ludhaina. 5. That the petitioner has filed the Criminal Revision petitions in the Hon'ble Court. 6. That due to the prevailing circumstances due to Covid, the petitioner had suffered a lot. However, with the intervention of the respectable and well wishers of the parties, the matter has been settled out of Court. Sh. Harjit Singh, proprietor of respondent-concern has agreed to receive Rs.2,60,000/-to put an end to the litigation in three cases mentioned above. Harjit Singh, proprietor of Malwa Financiers has received a sum of Rs.60,000/-in cash. The remaining amount of Rs. 2 lac is to be received by him in the Hon'ble Court payable by draft No. 124590 dated 28.4.2022 drawn on Bank of Barod....
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....t of a Coordinate Bench of this Court in Tilak Kataria Vs. State of Haryana and another reported as 2021 (3) RCR (Criminal) 404 . Learned counsel for the complainant-respondent has also stated that he has no objection in case the said amount of 15% is waived off, in view of the special circumstances of the present case. Learned State counsel has stated that since the present case is under Section 138 of the Act and the matter has been compromised, he would have no objection in case the criminal revision is allowed, in accordance with law. This Court has heard the learned counsel for the parties. From the above facts, it is apparent that both the contesting parties are ad idem that the compromise has been effected between the parties without any pressure, threat or undue influence and the terms of the said compromise have been duly complied with. The compromise would go a long way in maintaining the peace and harmony between the parties and thus, a prayer has been made to the Court for compounding the offence in terms of Section 147 of the Act. Since the offence relating to dishonour of cheque has a compensatory profile and is required to have precedence over punitive me....
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....t in a position to deposit the costs in terms of the judgment of the Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H., (2010)5 SCC 663. He, thus, contends that in view of the peculiar facts of the present case, wherein the complainant has accepted the settled amount, the imposition of costs in terms of the judgment in Damodar S. Prabhu's case (supra) may be waived off. xxx-xxx--xxx After hearing the learned counsel for the parties and taking into consideration the fact that the parties have settled their dispute(s) by way of the compromise dated 23.01.2019, coupled with the law laid down by the Hon'ble Apex Court in Prateek Jain's case (supra) and keeping in view the specific/special reasons, this Court deviates from the conditions laid down by the Hon'ble Apex Court in Damodar S. Prabhu's case (supra) and grants permission to the parties to compound the offence punishable under Section 138 N.I.Act. Accordingly, the impugned judgments and orders passed by the Courts below are set aside. The complaints under Section 138 N.I. Act are dismissed and the petitioner is acquitted of the notice(s) of accusation served upon him. ....