IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajbir Sehrawat, J.
Ashok Kumar - Appellant
Versus
State Of Haryana & Anr. - Respondents
CRR No. 3928-2018 (O&M)
Decided On : 22-04-2019
Compounding - Negotiable Instrument Act - Section 138 - Summary: The court discussed the legal provisions of Section 138 of the Negotiable Instrument Act and the compounding charges under the Damodar S. Prabhu v. Sayed Babalal H. case. It highlighted the legal framework for recognizing compromises in criminal disputes, citing Section 320 Cr.P.C. and the need for invoking Section 482 Cr.P.C. by the High Court. The judgment also referenced the legal position established in the case of Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543, to determine the acceptance of the settlement reached between the parties.
Fact of the Case:
The petitioner-accused filed a revision petition against the judgment convicting him under Section 138 of the Negotiable Instrument Act. The parties decided to settle the matter and compound the offence, leading to the petitioner's release on interim bail.
Finding of the Court:
The court accepted the settlement reached between the parties and quashed the complaint under Section 138 of the NI Act and all consequential proceedings, leading to the petitioner's release from custody.
Issues: The issues involved the recognition of compromises in criminal disputes, the legal framework for compounding charges, and the acceptance of settlements in accordance with the legal provisions.
Ratio Decidendi: The court's decision was based on the genuine and voluntary compromise between the parties, in line with the legal provisions of the Negotiable Instrument Act and the guidelines established in the case of Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543.
Final Decision: The petition was allowed, and the complaint under Section 138 of the NI Act, along with all consequential proceedings, was quashed based on the compromise reached between the parties, leading to the petitioner's release from custody.
JUDGMENT
Rajbir Sehrawat, J. (Oral). - Ashok Kumar-accused has directed the present revision petition against the judgment dated 13.09.2018, passed by learned Sessions Judge, Bhiwani, vide which the appeal preferred by the petitioner-accused was dismissed, while confirming the judgment of conviction dated 27.02.2018 and order of sentence dated 28.02.2018, passed by Judicial Magistrate 1st Class, Bhiwani, whereby the petitioner was convicted under Section 138 of the Negotiable Instrument Act, (in short- the NI Act) and was sentenced to undergo simple imprisonment for 09 months and to pay a sum of Rs.90,000/-as compensation to the complainant.
2. On 18.12.2018, the following order was passed by this Court:-
" Learned counsel for the petitioner contends that the parties have decided to settle the matter and to compound the offence.
Notice of motion.
At the asking of the Court, Mr. Vijesh Sharma, DAG, Haryana, accepts notice on behalf of the respondent No.l-State and Mr. Nitin Meel, Advocate, accepts notice on behalf of respondent No.2-complainant.
Adjourned to 31.01.2019. Let the parties now appear before the Trial Court/Illaqa Magistrate on 08.01.2019 or any other date convenient to the Court for recording their statements with regard to compromise. The Trial Court/I11aqa Magistrate is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The Trial Court/I11aqa Magistrate is also directed to send a report along with statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any criminal proceedings are pending against either of the parties or not, before the next date of hearing.
CRM-42626-2018
Since the parties are compounding the matter, therefore, it would not be unjustified if the sentence of the petitioner is temporarily suspended and he is released on interim bail.
Accordingly, it is ordered that the petitioner be released on interim bail on his furnishing bail bonds/surety to the satisfaction of the concerned Chief Judicial Magistrate, till the next date of hearing only."
3. In pursuance of the above said order, a report has been received from the Judicial Magistrate 1st Class, Bhiwani, dated 18.01.2019 which states that on the basis of the statements recorded by the parties, the compromise between the parties seems to be genuine, voluntarily, without any coercion or undue influence.
4. Vide order dated 31.01.2019, the petitioner was further directed to deposit an amount of Rs.7,500/- as compounding charges, with the District Legal Services Authority, Bhiwani, in terms of the judgment of the Supreme Court rendered in Damodar S. Prabhu v. Sayed Babalal H., 2010 AIR (SC) 1907.
5. In compliance thereof, learned counsel for the petitioner has produced the photocopy of the receipt showing that the petitioner has deposited an amount of Rs.7,500/- as compounding charges with District Legal Services Authority, Bhiwani. The copy of the same has been taken on record.
6. Learned counsel for the complainant submits that he has no objection if the permission is granted for compounding of the offence and the petitioner is acquitted of charge.
7. The ultimate aim, objective and goal of a legal system is to reconcile the social conflicts. Law is required only to ensure that people do not have to fight with each other just to protect their right to property, right to life and liberty and other rights secured to them by the legal system. The civil disputes are the conflicts between two parties, having lesser overtones for the social order, social harmony or the society as such. Hence absolute freedom is given to the parties to settle their disputes by compromises, of course, coming with certain legal consequences as well. However, the criminal disputes do not necessarily restrict themselves to only two parties to the dispute in terms of their scope, con
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.