The court established that it had the power to compound the offence under Section 147 of the Negotiable Instruments Act, even after upholding the conviction and sentence.

JUDGMENT :

Sandeep Sharma, J.

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 on behalf of the applicant-accused for compounding of the offence alleged to have been committed by him, under Section 138 of the Act. No reply is intended to be filed on behalf of the non-applicant/respondent. Ms. Pooja Thakur, learned counsel representing the respondent, fairly states that after passing of judgment dated 16.12.2022 passed by this Court, whereby judgment of conviction and order of sentence recorded by learned court below came to be upheld, parties have entered into the compromise, whereby respondent-complainant has received the entire amount of compensation and as such, prayer made in the instant application can be accepted.

2. Precisely, the facts of the case, as emerge from the record, are that respondent/Complainant (hereafter referred to as the ‘complainant’) instituted a complaint under Section138 of the Act in the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., alleging therein that accused had purchased agricultural articles from him for consideration of Rs.1,00,060/-. Though, with a view to discharge his liability, accused issued cheque No.316417, dated 17.7.2013, amounting to Rs.1,00,060/- drawn on Punjab National Bank, Theog, District Shimla, however, fact remains that the aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since, despite having received legal notice issued, accused failed to make good the payment within the stipulated time, complainant was compelled to institute complaint under S.138 of the Act in the competent Court of law, which subsequently on the basis of the evidence adduced on record by the parties, held accused guilty of having committed the offence punishable under Section 138 of the Act and accordingly convicted and sentenced him to undergo simple imprisonment for six months and pay compensation to the tune of Rs. 1,00,000/- to the respondent-complainant.

3. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the Court of learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, District Shimla, but same was dismissed on 17.12.2019. Being aggrieved and dissatisfied with the aforesaid judgment passed by learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, applicant- accused preferred criminal revision No.335 of 2021 in this Court, which also came to be dismissed vide judgment dated 16.12.2022.

4. After passing of aforesaid judgment dated 16.12.2022, applicant-accused compromised the matter with the respondent/complainant, whereby entire amount of compensation, as agreed interse parties, has been paid to the respondent-complainant. In the aforesaid background, 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.

5. Though, factum with regard to receipt of entire amount of compensation stands duly acknowledged with the statement of Ms. Pooja Thakur, learned counsel representing the non-applicantrespondent as well as compromise placed on record with the application but while considering the prayer made in the application, the question which needs to be decided at first instance is that “whether after upholding the judgment of conviction and order of sentence passed by learned court below, this Court can proceed to compound the offence or not?.”

6. This Court vide judgment passed in Cr.MP No. 1197 of 2017 in Cr. Revision No. 394 of 2015 titled Gulab Singh v. Vidya Sagar Sharma, while relying upon judgment of Hon'ble Apex Court as well as other Constitutional Courts has already held that court, while exercising power under Section 147 of Act can pr