TaxTMI 
TaxTMI 
2026 (6) TMI 698
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.... filed seeking quashing of complaint COMA-623-2014 under Section 138 NI Act, titled 'Sunil Kumar v. Mukesh Sharma', setting aside order of sentence dated 21.10.2016, as well as order dated 04.01.2019 passed by Learned Additional Sessions Judge, Rewari whereby appeal preferred by the petitioner was dismissed, alongwith all consequential proceedings arising therefrom, as well as compounding of offence under Section 138 NI Act on the basis of compromise dated 27.02.2023 (Annexure P-4 ). 2. Since the issues involved in CRM-16625-2026 and the main petition CRM-M-58269-2025 arise out of the same compromise dated 27.02.2023 (Annexure P-4), and the reliefs sought therein are intrinsically interconnected, both the application for compounding as w....
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....e complainant/respondent No. 2, as recorded in report dated 12.12.2025 by learned District and Sessions Judge, Rewari. (Annexure 'A'). Accordingly, prayer has been made for compounding of the offence under Section 138 of the NI Act and for setting aside of the impugned judgments/orders. 5. Learned Counsel for the petitioner further submitted he would be satisfied if the order of sentence dated 21.10.2016 passed by learned Additional Chief Judicial Magistrate, Rewari be modified to that of the sentence already undergone by him. 6. Heard, and record perused. 7. As per Section 147 of NI Act, all the offences under the NI Act are compoundable, and same has been reproduced as under:- "147. Offences to be compoundable- Notwithst....
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....er, the Court observed that once the complainant has signed the compromise deed accepting the amount in full and final settlement of the default sum the proceedings under Section 138 of the NI Act cannot hold water, therefore, the conviction rendered by the Courts below has to be set-aside. 10. Keeping in view of the peculiar facts and circumstances of the case that a compromise dated 27.02.2023 (Annexure P-4) has been effected between the parties; complainant/respondent No. 2 has received the entire amount due from the applicant/petitioner; in view of the compromise, the complainant/respondent No. 2 has withdrawn the execution petition; and the factum of compromise dated 27.02.2023 is manifest from the material on record i.e. compromise....
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....ustice. 13. Further, in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur v. State of Gujarat, 2017 INSC 1003, Hon'ble Supreme Court elaborated the principles governing exercise of inherent powers under Section 482 CrPC (now Section 528 BNSS). The Hon'ble Court observed as follows: "(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; ... (iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whe....
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....se and whether quashing would advance the cause of justice. Where the dispute is overwhelmingly civil or commercial in character and the victim has willingly entered into settlement, the proceedings ought to be put to an end by accepting the compromise, so as to promote peace, harmony and finality in litigation. The ultimate guiding factor remains advancement of justice and prevention of abuse of the process of law. 14. In the present case, the proceedings arise out of a complaint under Section 138 of the NI Act, which essentially emanates from a financial/commercial transaction between the parties. The material available on record clearly establishes that the parties have voluntarily and amicably resolved their entire dispute vide compr....