TaxTMI 
TaxTMI 
TaxTMI 
2023 (8) TMI 1224
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....t the judgment of conviction dated 16.05.2018 and order of sentence dated 21.05.2018, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, H.P., in Criminal Case No. 143-3 of 2015, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. Complainant/respondent-Shri Padam Singh and accused/petitioner Shri Badri Prasad were acquainted with each other and on 20.09.2014 accused/petitioner purchased 600 apple cases of AAA grade at the rate of Rs.1000/- each for total consideration of Rs.6,00,000/-. The accused/petitioner assured to pay the sale consideration amount after selling the same in the market, but the accused/petitioner did not turn up and ....
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....ments and order passed by the learned Courts below and affirmed by the High Court. 6. During the pendency of the instant petition, an application (Cr.MP No. 2888 of 2023) under Section 147 of the NI Act has also been filed by the petitioner-accused seeking permission of this Court to compound the offence by setting-aside the judgment of conviction dated 16.05.2018 and order of sentence dated 21.05.2018, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, H.P., in Case No. 143-3 of 2015, which was affirmed, vide judgment dated 30.12.2019, passed by learned Sessions Judge (Forests), Shimla, H.P., in Criminal Appeal No. 14-R/10 of 2018 and by this High Court, vide judgment dated 16.03.2023, in Cr. Revi....
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....la, vide judgment dated 30.12.2019 and also upheld/affirmed by this Hon'ble Court, vide order dated 16.03.2023 are quashed and set-aside and the petitioner/accused is acquitted. 9. I have heard the learned Counsel for the petitioner-accused, learned counsel for the respondent - complainant and examined the entire records. 10. Having taken note of the fact that the entire amount of compensation, as awarded by the learned Trial Court, i.e., Rs.8,00,000/-, has been received by the complainant and he has no objection in compounding the offence, therefore, this Court sees no impediment in accepting the prayer made on behalf of the accusedpetitioner for compounding of offence while exercising power under Section 147 of the Act as well as in ter....
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....tion to the general rule incorporated in sub-section (9) of Section 320 of the CrPC which states that 'No offence shall be compounded except as provided by this Section'. A bare reading of this provision would lead us to the inference that offences punishable under laws other than the Indian Penal 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 CrPC, especially keeping in mind that Section 147 carries a non obstante clause." 11. 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 Sec....
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.... 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." 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has already paid the entire amount of compensation to the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court. 13. 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....
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....e an application for compounding as aforesaid, then if an application for 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....