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Rajasthan High court
Hon'ble Mr. Justice H.R. Panwar, J.
S.B. Criminal Revision No. 57 of 2005
Decided on 26.9.2005
Jamaludin
versus
Mohan Guneja & Anr.
Counsel :
Mr. G. J. Gupta for Petitioner
Mr. B. K. Vyas for Respondent-Complainant
Mr. Ashok Upadhyay, Public Prosecutor
The compounding of the offence under Sec. 138 of the Negotiable Instrument Act, 1881 leads to the acquittal of the accused.
Headnote:
Compoundable Offence - Negotiable Instrument Act - The court allowed the complainant to compound the offence under Sec. 138 of the Negotiable Instrument Act, 1881, leading to the acquittal of the accused.
Fact of the Case:
The petitioner was convicted for the offence under Sec. 138 of the Negotiable Instrument Act, 1881 and sentenced to imprisonment and compensation. The complainant sought permission to compound the offence and filed a compromise, which was verified by the Deputy Registrar, Judicial.
Finding of the Court:
The court allowed the complainant to compound the offence, leading to the acquittal of the accused and setting aside the previous judgments.
Issues: Permission to compound the offence under Sec. 138 of the Negotiable Instrument Act, 1881.
Ratio Decidendi: The court relied on Sec. 147 of the Act, which provides for the compoundability of the offence, and Sec. 320 of the Code, which allows for the compounding of the offence and states that it shall have the effect of an acquittal of the accused.
Final Decision: The petitioner was acquitted of the offence under Sec. 138 of the Negotiable Instrument Act, 1881, as the complainant was permitted to compound the offence.
H.R. Panwar, J. : This criminal revision under Sec. 397/401 of Code of Criminal Procedure (for short `the Code' hereinafter) is directed against the judgment and order dated 28.6.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Court, Sri Ganganagar (for short `the appellate Court' hereinafter) in Criminal Appeal No. 12 of 2003 whereby the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 27.2.2002 passed by Additional Chief Judicial Magistrate, Sri Ganganagar (for short `the Trial Court' hereinafter) in Criminal Case No. 192 of 2000 by which the Trial Court convicted the petitioner for the offence under Sec. 138 of the Negotiable Instrument Act, 1881 (for short `the Act' hereinafter) and sentenced him to undergo two months' simple imprisonment and directed to pay a sum of Rs. 30000/- as compensation. The complainant non-petitioner No. 1 Mohan Guneja appeared before this Court and filed an application seeking permission to compound the offence punishable under Sec. 138 of the Act. The complainant non petitioner No. 1 has also filed a compromise. The compromise has been verified by the Deputy Registrar, Judicial today. The complainant has been identified by his counsel Mr. B.K. Vyas.
2. The offence punishable under Sec. 138 of the Act is compoundable under Sec. 147 of the Act. Sec. 147 of the Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable.
3. Sec. 320 of the Code provides compounding of offence. Sub-sec. (6) of Sec. 320 of the Code provides that a High Court or Court of session acting in the exercise of its powers of revision under Sec. 401 may allow any person to compound any offence which such person is competent to compound under this section. Sub-sec. (8) of Sec. 320 of the Code of provides that the composition of an offence under this section shall have an effect of an acquittal of the accused with whom the offence has been compounded.
4. Keeping in view the aforesaid provisions of law, the non- petitioner No. 1 is permitted to compound the offence. He has compounded the offence by filing a compromise which has been verified by Deputy Registrar, Judicial.
5. Consequently, the revision petition is allowed. The impugned judgment and order dated 28.6.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Court, Sri Ganganagar in Criminal Appeal No. 12 of 2003 as also the order dated 27.2.2002 passed by the Trial Court are hereby set aside. The petitioner Jamaludin S/o Sh. Ali Mohammed, b/c Mohammed, R/o 232-Bapu Nagar, Near Indira Chowk, Sriganganagar is acquitted of the offence under Sec. 138 of the Negotiable Instrument Act, 1881 being compounded by the complainant non-petitioner No. 1. The application seeking suspension of sentence stands disposed of.
