TaxTMI 
TaxTMI 
2023 (10) TMI 3
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....Cr.P.C.') with a prayer to quash and setaside judgment, dated 17.05.2022, and order of sentence dated 18.05.2022, passed by learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P., in Complaint No. 16-I-2016, whereby the petitioner-accused was convicted and sentenced to undergo simple imprisonment for a period of one year for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the NI Act') and to pay compensation of Rs.10,00,000/- to the complainant. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. The accused-Reena Devi approached the complainant-Bank (Himachal Pradesh Gramin Bank, Branch at Barsar, Tehsil Barsar, District Hamirpur, ....
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....sions Judge, vide order dated 01.08.2022, suspended the sentence, subject to petitioner's depositing 30% of the compensation amount. 5. Being dissatisfied, the accused/petitioner/convict preferred the instant petition against the impugned judgment of conviction and order of sentence, passed by the learned Trial Court, with a prayer to quash and set-aside the same and to direct the complainant-Bank to accept the balance One Time Settlement amount of Rs.1,40,100/-. 6. During the pendency of the instant petition, a joint application (Cr.MP No. 3582 of2023) has been moved by the petitioner-accused and the respondent-Bank under Section 147 NI Act, seeking permission of this Court to compound the offence by setting-aside the judgment of con....
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....2, and the order of sentence dated 18.05.2022, passed by the learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P., in Complaint No. 16-I-2016, is quashed and set-aside, therefore, this Court sees no impediment in accepting the prayer made on behalf of the the parties 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 V. 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 anything contained in the Code of Crim....
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.... 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." 9. 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 of 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 respondent. In support of this....
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....er being convicted under Section 138 of the Act, has settled the matter with the complainant-Bank under the One Time Settlement scheme, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court. 11. 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 fact that the parties have settled the dispute amicably under One Time Settlement scheme. 12. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction, dated 17.05.2022, and order of sentence, dated 18.05.2022, passed by the learned Judicial Magistrate F....
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....s 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. The graded schem....