TaxTMI 
TaxTMI 
TaxTMI 
2024 (1) TMI 665
X X X X Extracts X X X X
X X X X Extracts X X X X
....viction dated 15.07.2021 and order of sentence dated 26.07.2021, passed by learned Additional Chief Judicial Magistrate, Court No. 1 Rohru, District Shimla, H.P., in criminal Case No. 211/3 of 2019, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. On 23.12.2016 the petitioner obtained loan of Rs.6,00,000/- from Punjab National Bank, Branch at Devidhar, Tehsil Chirgaon, District Shimla, H.P., (complainant-Bank). The petitioner, in order to liquidate his financial liability, issued cheque No.257765, dated 11.03.2019, amounting to Rs.6,61,113/- drawn at PNB Branch Devidhar, in favour of the complainant-Bank. However, the aforesaid cheque, was dishonoured due to 'funds insufficie....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Chief Judicial Magistrate Court No. 1, Rohru, District Shimla, H.P., in Criminal Complaint No. 211/3 of 2019, and affirmed vide judgment dated 08.09.2023, passed by learned Additional Sessions Judge, Rohru, Himachal Pradesh, H.P. in Criminal Appeal RBT No. 26-R/10 of 2023/21. 7. Today, Shri Arvind Sharma, learned counsel for the respondent (complainant-Bank), on instructions received from the Manager, PNB, Branch Devidhar, Tehsil Chirgaon, District Shimla, stated that the matter has been amicably settled between the parties under 'One Time Settlement' (OTS) Scheme qua account No. 8698008800000544 and 'No Dues Certificate' has been issued by the respondent- Bank, which is Annexure P-1 and the account has been closed. Therefore, the respond....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable." At this point, it would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the Negotiable Instruments Act, 1881 is controlled by Section 147 and the scheme contemplated by Section 320 of the Code of Criminal Procedure (hereinafter "CrPC") will not be applicable in the strict sense since the latter is meant for the specified offences under the Indian Penal Code, 1860. 11. So far as the CrPC....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 claim, the petitioner has produced an affidavit sworn by him on 1.12.2008. The petitioner has also produced an affidavit sworn by P. Kaliappan, Power of attorney holder of R. Rajathi on 1.12.2008 mentioning that he has received a sum of Rs. 4,52,289 due under the dishonoured cheques in full discharge of the value of cheques and he is not willing to prosecute the petitioner. 7. The learned counsel for the petitioner states at the Bar that the petitioner was arrested on 30.7.2008 and has undergone the sentence imposed on him by the trial Court and confirmed by the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....iction dated 15.07.2021, and order of sentence dated 26.07.2021, passed by learned Additional Chief Judicial Magistrate Court No. 1, Rohru, District Shimla, H.P., in Criminal Complaint No. 211/3 of 2019, and affirmed vide judgment dated 08.09.2023, passed by learned Additional Sessions Judge, Rohru, Himachal Pradesh, H.P. in Criminal Appeal RBT No. 26-R/10 of 2023/21, are quashed and set-aside and the petitioner accused is acquitted of the charge framed against him under Section 138 of the Act. Bail bonds, if any, stand discharged. 14. Learned counsel for the accused-petitioner prayed that an amount of Rs.1,69,000/-, which had been deposited by the petitioner-accused before the learned Trial Court, may be released in favour of the accused-....
X X X X Extracts X X X X
X X X X Extracts X X X X
....uthority, 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 scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the court is spent on the trial of these cases and the parties are not liable to pay any court fee since the proceedings are governed by the....