The central legal point established in the judgment is that the provisions of section 147 of the Negotiable Instrument Act cannot be invoked when the complainant is not ready and willing to compromise the matter, regardless of the accused's actions.

1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed against the judgment dated 9.12.2011 passed by the Addl. District and Sessions Judge (FT) No.8 Jaipur Metropolitan, Jaipur in Cr. Appeal No. 40/2011, whereby the court has rejected the application for deposition of 15% amount under section 138 of Negotiable Instrument Act (hereinafter referred to as 'the said Act').

2. The brief facts of the case are that a complaint u/s 138 the said Act was filed against the accused petitioner. Accused petitioner moved an application to this effect that he is ready and willing to deposit 15% of cheque amount. He has in fact deposited the some amount but court has declined to record compromise, hence by this petition, direction may be issued to court below to compromise the matter u/s 138 of the said Act.

3. The contention of the counsel for the respondent no.2 is that the complainant did not ready to compromise the offence and hence there is no infirmity in the impugned order.

4. Heard learned counsel for the parties and perused the impugned order.

5. The only contention of the present petitioner is that when he has already deposited amount, it was obligatory on the part of the court to compound the matter under the provisions of section 147 of said Act. Section 147 of Negotiable instrument Act reads as under:

"Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2) of 1974), every offence punishable under this Act shall be compoundable."

6. Section 147 of said Act makes the offence compoundable according to rider provided under the Code of Criminal Procedure. Section 320 Cr.P.C would not come in the way of compounding of offence between the parties and as regard the matter in question, the provisions of section 147 can not be invoked when the complainant is not ready and willing to compromise the matter. Reliance has been placed on Damodar S. Prabhu v. Sayed Babalal H., 2010 RCC (SC) 323 , where both the parties were consented that they want to compound the offence, provisions of section 147 has been invoked and after placing some limitations of depositing the amount, some explicit guidelines have been provided for compounding the offence offence u/s 138 of the said Act but the condition precedent is that complainant should be ready to compromise the matter.

7. Here in the present case, the counsel for the complainant has specifically submitted that complainant is not ready and willing to compromise the matter,court was right in holding that in absence of willingness of complainant, the matter cannot be compromised even if the accused has deposited 15% cheque amount, hence there is no infirmity in the impugned order and this petition is liable to be rejected and is rejected.Petition dismissed.

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