2023 (3) TMI 1329

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....al) By way of instant application filed under Section 482 Cr.P.C read with Section 147 of the Negotiable Instruments Act (for short 'Act'), prayer has been made by the applicant-accused for compounding of offence alleged to have been committed by him under Section 138 of the Act. 2. Precisely, the facts of the case as emerge from the record are that respondent No.1/complainant (for short 'complainant') filed a complaint under Section 138 of the Negotiable Instruments Act (for short 'Act') in the competent court of law, alleging therein that accused took loan from the respondent Bank on 3.10.2011 and with a view to discharge his liability, issued cheque amounting to Rs.7,86,660/- in favour of the respondent, but fact remains that afore....

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....amount as agreed inter-se parties under the OTS Scheme, applicant-accused has approached this Court in the instant application filed under Section 482 Cr.PC, praying therein for compounding of the offence under Section 147 of the Act. 6. Ms. Devyani Sharma, learned Senior counsel, appearing for the respondent-complainant/bank, under instructions, states that since entire amount as settled under the OTS Scheme, stands received by the nonapplicant/ respondent/bank, it shall have no objection in case prayer made by the applicant/petitioner for compounding the offence is accepted. 7. While considering the prayer made in the application, the question which needs to be decided at first instance is that "whether after upholding the judgment ....

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....ompounding of the offence under Section 138 of the Act. At this stage, it would be profitable to reproduce the judgment passed by Hon'ble High Court of Rajasthan hereinbelow:- "The accused-petitioner has field this criminal misc. application under section 482 Cr.P.C read with section 147 of Negotiable Instruments Act( for short the 'Act') with a prayer to review/recall the order dated 6.10.2016 passed by this Court in SB Criminal Revision Petition No.1267/2016 in the light of compromise dated 4.11.2016 subsequently entered between the parties and as a consequences thereof to acquit the accused petitioner for the offence under Section 138 of N.I. Act. Vide order dated 6.10.2016, the aforesaid revision petition filed by the ....

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.... application is to be allowed and the order dated 6.10.2016 is to be recalled. Consequently, the criminal misc. application is allowed and the order dated 6.10.2016 is recalled and all the orders whereby the accused-petitioner was convicted and sentenced for the offence under Section 138 of N.I. Act are set aside and as a consequence thereof he is acquitted therefrom." 9. Reliance is also placed upon the judgment passed by Hon'ble Gujarat High Court, wherein similar application came to be filed for recalling the judgment passed by the Hon'ble High Court of Gujarat. In the aforesaid judgment, Hon'ble Gujarat High Court, has reiterated that judgment passed by the High Court affirming the judgment of conviction recorded under Secti....

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....e has received a sum of Rs.4,52,289. In the affidavit filed by the respondent a prayer is made to permit the petitioner to compound the offence and close the proceedings. 8. Having regard to the salutary provisions of Section 147 of the Negotiable Instruments Act read with Section 320 of the Code of Criminal Procedure, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him under Section 138 of the Code." 11. The Hon'ble Apex Court in the aforesaid judgment has categorically held that in view of the provisions contained under Section 147 of the Act, read with Section 320 of Cr.P.C, compromise arrived inter se the parti....