IMPORTANT POINT
An offence under Section 138, N.I.A. may be compounded at any stage, even after conviction or dismissal of appeal.

D.K. Sinha, J.—The present Criminal Revision is directed against the order impugned passed by the Additional Sessions Judge, FTC V. Chaibasa whereby and whereunder the Cr. Appeal No. 30 of 2006 preferred by the petitioner Anil Kumar against the order of his conviction under Section 138, Negotiable Instruments Act, 1881, in C-1 Case No. 30 of 2004 passed by Shri Shatrunjay Kumar Singh, Judicial Magistrate, 1st Class, Chaibasa on 31.1.2006 and sentenced to undergo simple imprisonment for one year and to pay compensation of Rs. 3,00,000/- (three lacs) to the complainant-opposite party No. 2-Chiranjeet Kumar Das with default stipulation was upheld and maintained by dismissing the appeal.

2. In the meantime two interlocutory applications were filed on behalf of the petitioner.

In I.A. No. 1312 of 2007 the petitioner has prayed for his exemption from surrendering in the Court-below on the ground that the offence in which he has been convicted is compoundable under Section 147 of the N.I. Act, 1881 and that a compromise petition was filed in the Trial Court as the complainant-opposite party No. 2 did not want to proceed with the case and the petitioner would suffer irreparable loss and injury in case he surrenders in the Court below in view of the fact that the complainant did not want to proceed and the dispute was resolved.

I.A. No.1469 of 2007 being the compromise petition was filed on behalf of the Opposite Party No. 2 who entered appearance by filing vakalatnama stating therein that with the intervention of the well-wishers, the parties entered into compromise and he did not want to pursue the present case in the backdrop that he had already received the due amount of Rs. 3,00,000/- (three lacs) no full satisfaction. A photo copy of the money receipt has been appended in support of the contention (Annexure-A). The interlocutory application further contained that the petitioner herein would suffer irreparable loss and injury if surrenders in the Court below for custody and the complainant-O.P. No. 2 did not want that the petitioner should suffer any longer having been no more grievance against him as the petitioner paid the entire dues to him. The affidavit filed in support of the contention made in I.A. No. 1469 of 2007 has been signed by the opposite party No. 2-Chiranjeet Kumar Das as the deponent duly identified.

3. Heard Mr. Indrajit Sinha, learned Counsel appearing on behalf of the petitioner who submitted that the parties have settled their dispute amicably and in terms of such settlement the petitioner made over the entire compensation amount to the O.P. No. 2 on full and final satisfaction which has been admitted and accepted by the O.P. No. 2.

4. Mr. Sinha further submitted that the offence punishable under Section 138, Negotiable Instruments Act is compoundable under Section 147 of N.I. Act and therefore, the petitioner may be dealt leniently in the matter of sentence. He relied on a unreported decision of this Court passed in Criminal Revision No.753/05. A Bench of this Court in Alpa Sanghani v. The State of Jharkhand and another, held:

“Since the parties have settled the disputes as regards the cheques involved in this case I feel that the petitioner can be dealt with leniently in the matter of sentence. Learned Counsel for the 2nd respondent has also no objection for taking lenient view in the matter of sentence. In the above circumstances, the sentence of imprisonment imposed upon the petitioner is set aside. The fine amount imposed upon the petitioner with default stipulation are confirmed. As the sum of Rs. 40,000/- has been paid, the direction that the petitioner should pay compensation is set aside.”

5. In view of the above facts and circumstances and upon hearing the learned Counsels for both the parties I direct, in the facts and circumstances of the case, that the sentence of imprisonment imposed upon the petitioner is set aside. The compensation amount to the tune of Rs. 3,00,000/- (Three lacs