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2018 Supreme(P&H) 4478
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Sudhir Mittal, J.
Avtar Singh - Appellant
Versus
State Of Haryana - Respondent
127 CRR-905 of 2018 (O&M)
Decided On : 08-03-2018
Mr. Namit Khurana, Advocate, for the Appellant
The compounding of the offence under Section 138 of the Negotiable Instrument Act, 1881, in a revision before the High Court under Section 147 of the Act, subject to deposit of fifteen percent of the cheque amount as composition fee, as established in the judgment of the Hon'ble Supreme Court in 'Damodar S. Prabhu vs. Sayed Babalal, (2010) 5 SCC 663'.
Headnote:
Negotiable Instrument Act - Revision Petition - Compounding of Offence under Section 138 - The court allowed the revision petition and acquitted the petitioner upon depositing fifteen percent of the cheque amount as composition fee, in accordance with the judgment of the Hon'ble Supreme Court in 'Damodar S. Prabhu vs. Sayed Babalal, (2010) 5 SCC 663'.
Fact of the Case:
The petitioner was convicted under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to rigorous imprisonment and compensation. A compromise was reached between the parties, and the cheque amount had been paid and accepted by the complainant.
Finding of the Court:
The court allowed the revision petition, set aside the impugned judgment/orders, and acquitted the petitioner upon depositing fifteen percent of the cheque amount as composition fee.
Issues: Conviction under Section 138 of the Negotiable Instrument Act, 1881, compromise between the parties, and the compounding of the offence in a revision before the High Court under Section 147 of the Act.
Ratio Decidendi: The court relied on the judgment of the Hon'ble Supreme Court in 'Damodar S. Prabhu vs. Sayed Babalal, (2010) 5 SCC 663', which allowed the compounding of the offence under section 138 of the Negotiable Instruments Act, 1881, in a revision before the High Court under Section 147 of the Act, subject to deposit of fifteen percent of the cheque amount as composition fee.
Final Decision: The revision petition was allowed, the impugned judgment/orders were set aside, and the petitioner was acquitted upon depositing fifteen percent of the cheque amount as composition fee.
JUDGMENT
Sudhir Mittal, J. (Oral) - Notice of motion.
2. Mr. Nishchal Mann, AAG, Haryana, accepts notice on behalf of respondent No. 1-State. Let two copies of the petition be supplied during the course of the day.
3. Mr. Rajesh Kapila, Advocate puts in appearance on behalf of respondent No. 2-complainant and filed power of attorney.
4. Learned counsel for the petitioner submits that the petitioner has been convicted of an offence under Section 138 of the Negotiable Instrument Act, 1881 and has been sentenced to rigorous imprisonment for one year and compensation of Rs. 2 lacs. His appeal has also been rejected. Thereafter, the parties have reached a compromise, a copy of which is on record as Annexure P1. As per the compromise, the cheque amount has already been paid and the same has been accepted by the complainant.
5. The above said factual submissions are admitted by learned counsel appearing for respondent No. 2.
6. In view of the judgment of Hon'ble Supreme Court in ' Damodar S. Prabhu vs. Sayed Babalal, (2010) 5 SCC 663 , offence under section 138 of the Negotiable Instruments Act, 1881, is compoundable in a revision before the High Court under Section 147 of the Act subject to deposit of fifteen percent of the cheque amount, as composition fee.
7. In view of the above, subject to deposit of fifteen percent of the cheque amount i.e. Rs. 15,000/- by the petitioner with the Haryana State Legal Services Authority, the instant revision petition is allowed; impugned judgment/orders are set aside and the petitioner stands acquitted.
8. The petitioner shall produce receipt as regards deposit of above amount before the Court of the Convicting Magistrate, Yamuna Nagar at Jagadhari and only thereafter the latter shall issue his release warrant.
