TaxTMI 
TaxTMI 
2023 (4) TMI 160
X X X X Extracts X X X X
X X X X Extracts X X X X
....ith Section 401 of the Code of Criminal Procedure, against judgment dated 16.06.2022, passed by learned Additional District Sessions Judge, Nalagarh, District Solan, H.P. in Criminal Appeal No. 34-NL-10 of 2019, titled Jeet Ram vs. Himachal Gramin Bank, whereby the appeal preferred by the petitioner-accused Jeet Ram against the judgment of conviction dated 21.02.2019 and order of sentence dated 26.02.2019, passed by learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., in Criminal Complaint No. 381/3 of 2012, titled Himachal Pramin Bank vs. Jeet Ram, was dismissed, whereby the learned Trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Ins....
X X X X Extracts X X X X
X X X X Extracts X X X X
....compelled to initiate proceedings before the competent Court of law under Section 138 of the Negotiable Instruments Act (hereinafter for the sake of brevity referred to as "the NI Act"). 3. Today, the authorized representative of the complainant-Bank as well as the petitioner-accused are present in person and they have moved an application under Section 147 of the NI Act for compounding the offence. The statements of Shri Jaskaran Singh, Branch Manager, Himachal Pradesh Gramin Bank, Branch Bagheri, Tehsil Nalagarh, District Solan, H.P. (authorized representative of the complainant-Bank) and the petitioner-accused have also been separately recorded and placed on the file. 4. Shri Jaskaran Singh, who is authorized representative of the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed of the offence under Section 138 of the NI Act. 6. Having taken note of the fact that entire amount of compensation stands paid to the complainant-Bank and the complainant-Bank has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner-accused for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663, wherein the Hon'ble Apex Court has held as under: "10. At present, we are of course concerned with Section 147 of the Act, which reads as follows: "147. Offences to be compoundable- Notwithstanding anyt....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nal Code also cannot be compounded. However, since Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the Cr.P.C., especially keeping in mind that Section 147 carries a non obstante clause." 7. In K. Subramanian vs. R. Rajathi, (2010) 15 Supreme Court Cases 352, it has been held by the Hon'ble Apex Court that in view of the provisions contained in Section 147 of the Act read with Section 320 Cr.P.C., compromise arrived at can be accepted even after recording of the judgment of conviction. The relevant portion of the judgment is reproduced as under:- "6. Thereafter a compromise was entered into and the petitioner claims that he has paid Rs. 4,52,289 to the resp....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the complainant-Bank, vide separate statements of authorized representative of the complainant-Bank and the petitioner-accused, annexed with the petition and in terms thereof, the petitioner-accused has already paid the entire amount of compensation, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court. 9. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon'ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. 10. Accordingly, the present matter is order....
X X X X Extracts X X X X
X X X X Extracts X X X X
....or compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Curt deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the 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. ... ... ... ... ... ... ... 25. ....