Can composition of an offence under Section 138 of the N.I. Act even after the conviction and sentence have become final after the judgments of the trial, appellate and revisional courts be accepted?

(ii) If so, which court is to accept the same? Has the trial court, appellate court or the revisional court powers to accept such composition?

(iii) If no such court can accept such composition, can this court invoke its Constitutional powers under Article 226 of the Constitution or the original extraordinary inherent power under Section 482 Cr.P.C. to accept the composition and relieve the accused of the obligation to undergo the sentence of imprisonment?

2. These questions of importance arise for consideration in these petitions. As the questions raised were reckoned by me as important and vital, I had sought the assistance, which I get in good measure too, of Shri. S. Sreekumar, Standing Counsel for the C.B.I. and Shri. T.G. Rajendran, Advocate. All counsel have been heard in detail.

3. To the vital facts first. Crl.M.C.259 of 2007 and Crl.M.A.8626 of 2006 in Crl.R.P.No.7 of 2004 are both filed by some accused in a prosecution under Section 138 of the N.I. Act. The verdict of guilty, conviction and sentence on him have become final and the said petitioner now faces a sentence of S.I. for a period of six months and to pay a fine of Rs.1,60,000/- and in default to undergo S.I. for a period of four months. If the fine is realized, an amount of Rs.1,58,000/- has been directed to be paid to the complainant as compensation under Section 357(1) Cr.P.C. Crl.M.A.8626 of 2006 was filed initially by the petitioner with a prayer that the joint application for composition filed by the petitioner/accused and the respondent/complainant duly counter signed by their respective counsel may be accepted. It was later, by way of abundant caution, that Crl.M.C.259 of 2007 was also filed by the petitioner/accused with a prayer that the sentence imposed on him may not be enforced in view of the subsequent composition, by invoking the powers under Section 482 Cr.P.C.

4. Writ Petition No.34540 of 2006 is filed by the petitioner therein, who is also an accused in a prosecution under Section 138 of the N.I. Act. He has also been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. He faces the sentence of S.I. for a period of one month and to pay a fine of Rs.5,000/- and in default of payment of fine, to suffer S.I. for another period of 15 days. Out of the fine amount, if realised, an amount of Rs.3,000/- has been directed to be paid as compensation to the complainant under Section 357(1) Cr.P.C.

5. The respondents/complainants are represented before me by their counsel. I am satisfied beyond the semblance of doubt, from the submissions made at the Bar as also from the joint statement reporting composition duly filed by the rival contestants and counter signed by their counsel, that the matter has been amicably settled between the parties. Thus the composition, I am satisfied, if legally permissible, can be accepted.

6. The law relating to composition of offences is essentially available under Section 320 Cr.P.C. I extract the same below:

"S. 320. Compounding of offences. - (1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table:-

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(Table)

(2) The offences punishable under the sections of the Indian Penal Code (45 of 1860), specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:-

(Table)

(3) When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in