Cr.R. No.356/2010 21.5.2010
Shri Manish Datt and Ankit Saxena, Advocates for the
applicant.
Shri Ravi Chauhan, Advocate for non- applicant/complainant.
Applicant/accused-Sandeep Sharma and non-applicant/
complainant-Vinod Bhargava are present in the Court.
Heard on I.A. No.6043/3010 and I.A. No.6045/2010,
applications under Section 147, Negotiable Instruments Act, 1881
for permission for compounding the offence punishable under
Negotiable Instruments Act, 1881. The trial Court on the basis of
evidence adduced by the complainant, convicted the accused
and ordered him to pay compensation.
Applicant has been convicted by the trial Court under
Section 138 of Negotiable Instruments Act, 1881 with a direction
to undergo six months RI and also directed the applicant to pay
Rs.1,50,000/- to the non-applicant/complainant.
Non-applicant/complainant made a statement that he has
received a sum of Rs.1,50,000/- as awarded by the Judicial
Magistrate First Class, Bhopal vide judgment and order dated
14/7/2009.
Learned counsel for the parties submits that during
pendency of this criminal revision, the matter has been amicably
settled between the parties and in compliance to the order dated
14/7/2009 passed by the trial Court, compensation amounting to
Rs.1,50,000/- has been received by the non-
applicant/complainant today. They further submits that non-
applicant/complainant has received Rs.75,000/- vide demand
draft No.1616 dated 20th May, 2010 and Rs.75,000/- vide cheque
No.6332 dated 20th May, 2010 of ICICI bank and Rs.3500/- is
lying in CCD of concerned trial Court which will be withdrawn by
the non-applicant/complainant.
Learned counsel for the non-applicant/complainant
submits that now non-applicant/complainant do not wish to
prosecute the matter further against the applicant.
In Cranex Ltd. V. Nagarjuna Finance Ltd., 2000(7) SCC
388, a settlement had been entered between the parties during
the pendency of appeal in the Sessions Court against an order of
conviction and sentence recorded by the Magistrate under
Section 138 of the Act. The Apex Court directed the appellate
Court to consider the settlement and to take appropriate action in
accordance with law. The fact as to compromise between the
parties and payment of dues under Section 138 of the Act was
considered a relevant fact and compounding was allowed by the
Apex Court in the case of Kishore Kumar V. J.K. Corporation
Ltd., (2004) 13 SCC 494.
Taking into consideration the provision of Section 147 and
the primary object underlying Section 138, there is no reason to
refuse the compromise between the parties.
Considering the fact that matter has been settled and the
amount of Rs.1,50,000/- has been paid by the applicant as full
and final settlement and non-applicant/complainant has no
objection to allow the application and acquit the applicant of the
offence with which he was charged and convicted by the Court
below, for the foregoing reasons, I.A. No.6043/3010 and I.A.
No.6045/2010 are allowed. Parties are permitted to compound
the offence under 138 of Negotiable Instruments Act, 1881. In
view of the compromise arrived at between both the parties,
the conviction of the applicant under Section 138 of Negotiable
Instruments Act, 1881 is set aside and the applicant is
acquitted from the said charge. He is on bail, his bail bonds are
hereby discharged.
With the aforesaid, the criminal revision is allowed and
disposed of.
C.C.as per rules.
(P.K. JAISWAL)
JUDGE