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SANDEEP SHARMA
Satvir Singh – Appellant
Versus
Rajesh Pathania – Respondent
JUDGMENT (ORAL)
Sandeep Sharma, J.—By way of instant petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act, (hereinafter referred to as “Act”) prayer has been made on behalf of the petitioner, for compounding the offence committed by the petitioner under Section 138 of the Act and set aside judgment of conviction and order of sentence dated 02.12.2021/04.12.2021 in criminal case No.4-3 of 2018, titled as Rajesh Pathania Vs. Satvir Singh, passed by learned Judicial Magistrate First Class, Court No.3, Shimla, District Shimla, Himachal Pradesh, whereby Court below, while holding petitioner/accused (hereinafter, “accused”), guilty of having committed offence punishable under Section 138 of the Act, convicted and sentenced him to undergo simple imprisonment for a period of one year and six months and pay compensation to the tune of Rs.1,90,000/- to the respondent/complainant (hereinafter, “complainant”).
2. Precisely, the facts of the case as emerge from the record are that complainant instituted proceedings under Section 138 of the Act in the Court of learned Judicial Magistrate First Class, Court No.3,
Dishonour of cheque – Court, while exercising power under Section 147 of N.I. Act can proceed to compound offence even in those cases where accused stands convicted.
Offence under Section 138 NI Act compoundable post-conviction even after appellate and revisional dismissal, upon compromise and full compensation payment; court may recall upholding judgment under S....
The court established that it had the power to compound the offence under Section 147 of the Negotiable Instruments Act, even after upholding the conviction and sentence.
Point of Law : Operation or effect of a general Act can be curtailed by special Act even if a general Act contains a non-obstante clause and as such, provisions contained under Section 320 Cr.P.C. wo....
The power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
Compounding of offences under the Negotiable Instruments Act is permissible at any stage of proceedings to serve justice.
Offences under Section 138 of the Negotiable Instruments Act are compoundable at any stage, including post-conviction, emphasizing the compensatory nature of the remedy over punitive aspects.
Compounding of offences under Section 138 of the Negotiable Instruments Act can be permitted at any stage, including post-conviction, emphasizing compensatory justice over punitive measures.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
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