TaxTMI 
TaxTMI 
2025 (5) TMI 1741
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.... of sentence, dated 07.08.2018, passed by learned Chief Judicial Magistrate, Hamirpur, H.P., in Case No. 48 of 2016, with a prayer to set-aside both the aforesaid judgments and acquit him from all charges. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 2(a). The accused-Nirjal Attri and complainant-Rajay Shakti were acquainted with each other. In the month of May, 2024, on the request of the accused, the complainant gave him an amount of Rs.3,90,000/- and the accused promised to return the same within fifteen days. In order to liquidate his financial liability towards the complainant, the accused issued cheque No. 000011, dated 19.08.2014, amounting to Rs.3,90,000/-, drawn on Bank of Baroda....
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....for short 'BNSS') has been filed by the petitioner-accused, seeking permission of this Court to compound the offence by settingaside the judgment of conviction, dated 01.06.2018, and order of sentence dated, 07.08.2018, passed by learned Chief Judicial Magistrate, Hamirpur, H.P., in Complaint No. 58-I-2014, RBT 41-I-2016, and modified/affirmed vide judgment dated 20.04.2021, passed by learned Sessions Judge, Hamirpur, H.P., in Criminal Appeal No. 41 of 2018. 6. On 02.05.2025, both petitioner-accused Nirjal Attri and respondent-complainant Rajay Shakti were present before this Court and their statements were recorded and separately placed on the file. 7. In his statement, complainant-Shri Rajay Shakti stated that during the pendency of the....
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....he learned Trial Court and remaining amount of Rs.2,57,500/- in the Registry of this Court. Therefore, the matter may be compounded and judgment of conviction, dated 01.06.2018 and order of sentence dated 07.08.2018, passed against him by learned Chief Judicial Magistrate, Hamirpur, District Hamirpur, H.P., vide judgment dated 20.04.2021 may be quashed and set-aside and he may be acquitted of the offence under Section 138 of the Act. 9. I have heard the learned counsel for the petitioner, learned counsel for the respondent and gone through the material available on record. 10. Having taken note of the fact that the petitioneraccused and the complainant-respondent have settled the matter and the complainant has no objection in compounding ....
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....e of the Court. 12. Section 147 of the Negotiable Instruments Act, 1881 is in the nature of an enabling provision which provides for the compounding of offences prescribed under the same Act, thereby serving as an exception 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....
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....y 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." 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court. 13. The....
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....osed as follows: (a) That directions can be given that the writ of summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the Court without imposing any costs on the accused. (b) If the accused does not make 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 author....