The exercise of powers under Section 482 of the Code must be evaluated based on the ends of justice and prevention of abuse of the court's process, especially in cases involving the compensatory aspect of the offense under Section 138 of the Negotiable Instruments Act.

JUDGMENT

Tarlok Singh Chauhan, J. - Cr. MP(M) No. 1427 of 2018

By medium of this application, the applicant has sought condonation of 63 days'' delay that has crept up in filing of the petition. A perusal of paragraphs 2 to 4 of the application disclose sufficient cause, which prevented the applicant from filing the petition within the prescribed period of limitation. Accordingly, the aforesaid delay in filing of the petition is condoned. The application stands disposed of. Petition be registered.

2. Looking to the nature of order, I propose to pass, it is not at all necessary to delve into the facts in detail. Suffice it to state that the complainant/respondent instituted a complaint under Section 138 of the Negotiable Instruments Act (for short ''Act'') against the petitioner on the allegations that cheque No.000002 dated 18.08.2015 amounting to Rs.90,000/- drawn on HDFC Bank Shilaru, Cheque No. 272032 dated 26.08.2015 amounting to Rs.50,000/- and Cheque No. 272033, dated 21.09.2015 amounting to Rs.50,000/- both drawn on UCO Bank Narkanda (Total amount Rs.1,90,000/-) handed over by the petitioner to respondent in order to discharge his liability had been dishonoured. The complaint was decided in favour of the respondent by the learned Additional Chief Judicial Magistrate, Rampur, Bushehar, District Shimla, H.P. and the petitioner was sentenced to undergo simple imprisonment for a period of six months and also directed to pay compensation of Rs. 2,40,000/- to the complainant/respondent.

3. Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 04.10.2017, though the petitioner preferred an appeal before the learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, District Shimla, H.P., however, the same came to be dismissed vide judgment dated 03.05.2018, constraining the petitioner to file the instant revision petition.

4. Today, when the case was taken up, learned counsel for the petitioner states that the petitioner has already paid the entire amount of Rs.2,40,000/- and as such the entire compensation amount stands paid to the respondent. This statement of learned counsel for the petitioner is not disputed by learned counsel for the respondent/complainant. Since the entire compensation amount stands paid, therefore, the matter can be given quietus in terms of the judgments rendered by the Hon''ble Supreme Court.

5. However, the moot question is whether a compromise, at this stage, can be permitted to be effected to between the parties where the petitioner has been charged under Section 138 of the Act. This court is not powerless in such situation and adequate powers have been conferred upon it not only under sections 397 read with Section 401 or Section 482 Cr.P.C. (hereinafter referred to as the Code) but also under Section 147 of the Act for accepting the settlement entered into between the parties and to quash the proceedings arising out of the proceedings, which have consequently culminated into a settlement. This power has been conferred to subserve the ends of justice or/and to prevent abuse of the process of any Court. Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc.

6. This question otherwise need not detain this Court any longer in view of the three Judges Bench decision of the Hon''ble Supreme Court in Parbatbhai Aahir @ Parbatbhai and others versus State of Gujarat and another, Criminal Appeal No. 1723 of 2017, decided on 4th October, 2017, wherein after taking into consideration the entire law on the subject, the Hon''ble Supreme Court has laid down the following broad principles for exercise of powers under Section 482 of the Code which read thus:-

"(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer n