Point of Law: Judgment of conviction recorded under Section 138 of Act, can be recalled in view of specific provisions contained in Section 147 of Act.

JUDGMENT :

SANDEEP SHARMA, J.

1. By way of instant application filed under Section 482 Cr.P.C. read with Section 147 of the Negotiable Instruments Act (for short ‘Act’) prayer has been made by the applicant-accused for recalling of judgment dated 4.8.2022 passed by this Court in Cr. R. No. 34 of 2022, whereby this Court upheld the judgment dated 4.1.2021 passed by the learned Sessions Judge, Chamba, District Chamba, H.P. in Criminal Appeal No. 52 of 2019, affirming the judgment of conviction and order of sentence dated 16.11.2019, passed by the learned CJM Chamba, District Chamba, H.P. in criminal complaint No. 283 of 2018, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 1,50,000/- to the complainant.

2. Precisely, the facts of the case as emerge from the record are that respondent No. 1/complainant (for short ‘complainant’) filed a complaint under Section 138 of the Negotiable Instruments Act (for short ‘Act’) in the competent court of law, alleging therein that he lent sum of Rs. 1,50,000/- to the accused on his request to meet his domestic needs. He alleged that accused with a view to discharge his liability, issued cheque bearing No. 934603 amounting to Rs. 1,50,000/- drawn on State Bank of India, Parel against his account No. 31453016991 Chamba, but fact remains that aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since, despite having received demand notice accused failed to make the payment good within the time stipulated in the legal notice, complainant was compelled to initiate proceedings under Section 138 of the Act, in the competent court of law.

3. Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Section 138 of the Act, and accordingly convicted and sentenced him as per the description given hereinabove.

4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by learned trial court, present petitioner-accused preferred an appeal in the Court of learned Sessions Judge, Chamba, District Chamba, H.P. but same was also dismissed vide judgment dated 4.01.2021. Being aggrieved and dissatisfied with the aforesaid judgment passed by learned Sessions Judge, Chamba, District Chamba, H.P. applicant-accused preferred criminal revision No. 34 of 2022 in this Court, which also came to be dismissed vide judgment dated 4.8.2022.

5. Since after passing of aforesaid judgment dated 4.8.2022, applicant-accused compromised the matter with the respondent/complainant, whereby entire amount of compensation has been paid to the respondent-complainant, applicant-accused has approached this Court in the instant application filed under Section 482 Cr.P.C. praying therein for compounding of the offence under Section 147 of the Act.

6. Today the complainant Mr. Jeevan Kumar, who is being represented by Ms. Meera Devi, Advocate, has come present and states that he of his own volition and without there being any external pressure has entered into compromise with the petitioner whereby both the parties have agreed to settle the dispute between themselves amicably. He states that since he has received the entire sum from the accused, he shall have no objection in case the impugned judgments of conviction and sentence are quashed and petitioner is acquitted of the charges framed against him.

7. Though, factum with regard to compromise and receipt of entire amount of compensation stands duly acknowledged with the statement of respondent complainant Jeevan Kumar but while considering the prayer made in the application, the question which needs to be decided at first instance is that “whethe