Point of Law: Section 362 of Code bars Criminal Courts from altering or reviewing its judgment or final order except to correct clerical or arithmetical error.

JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant petition, petitioner has prayed for the following relief:

“It is, therefore, respectfully prayed that this application may kindly be allowed and the sentence imposed in the Criminal Complaint No. 180-3 of 2019/17, titled as Shamsher Singh vs. Diwan Chand, dated 15.10.2019 may kindly be set-aside and the petitioner may kindly be acquitted in the interest of justice and fair play.”

2. The petitioner was prosecuted by respondent for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’) in Criminal Case No. RBT 180-3 of 2019/17 before learned Additional Chief Judicial Magistrate, Court No. 1, Rohru, District Shimla, H.P.

3. Petitioner was convicted for the above noted offence by learned trial Court and was sentenced to undergo simple imprisonment for a period of one year and to pay compensation to the tune of Rs.1,00,000/- to the complainant/respondent. The appeal preferred by petitioner was dismissed by learned Additional Sessions Judge (II), Shimla (Camp at Rohru), District Shimla, H.P. vide judgment dated 07.10.2021 passed in Criminal Appeal No. 14-R/10 of 2020. Thereafter, petitioner approached this Court by way of Cr. Revision No. 369 of 2021, but again remained unsuccessful. His petition was dismissed by a co-ordinate Bench of this Court vide judgment dated 15.5.2023.

4. Petitioner has now invoked inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short ‘the Code’) for allowing him to compound the offence under Section 138 of the N.I. Act on the basis of a compromise arrived at between him and respondent/complainant on 17.5.2023. The deed of compromise has also been placed on record as Annexure P-4. It is submitted that after passing of judgment by this Court in Criminal Revision No. 369 of 2021, the matter stands compromised between the parties. The respondent/ complainant has received entire due amount from the petitioner/convict and in view of such compromise the respondent/complainant is no more interested in the petitioner/convict undergoing sentence imposed upon him.

5. On 29.5.2023, the parties were present before the Court. The statement of respondent/complainant was recorded on oath. The respondent had specifically stated that the matter had been amicably settled by petitioner with him. He verified the contents of compromise Annexure P-4 and also identified his signatures thereon. He further stated that in view of the compromise, he had no objection in case the conviction recorded against petitioner on his complaint was quashed and set-aside.

6. I have heard learned counsel for the parties and have also gone through the records of the case carefully.

7. The offence under Section 138 of the N.I. Act has been made compoundable under Section 147 of the Act ibid. The question arises whether such composition can be allowed even after the accused stands convicted and sentenced and the judgment of conviction is upheld even by this Court in revision preferred by the accused?

8. Section 362 of the Code bars the Criminal Courts from altering or reviewing its judgment or final order except to correct clerical or arithmetical error. This provision however, has been made subject to other provisions contained in the Code or any other law for the time being in force. Section 482 of the Code, saves inherent powers in this Code to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

9. Thus, in appropriate cases, this Court in exercise of its inherent power under Section 482 of the Code can alter or review its judgment or final order in order to secure the ends of justice. Every civilized society and the legal/judicial system adopted by it longs for maintenance of peace and harmony between its subjects. Every step that furthers the above cause or seeks to maintain peace and harmony in the society can