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IN THE HIGH COURT OF MADHYA PRADESH
Dinesh Kumar Paliwal, J.
Dharmendra Singh – Appellant
Versus
Anil Kumar – Respondent
Criminal Revision No. 4212 of 2022
Decided On : 20-12-2022
Compromise - Negotiable Instruments Act - The court allowed the compromise application under Section 147 of the Negotiable Instruments Act, as the parties had entered into a genuine compromise with free will and volition, leading to the acquittal of the applicant of the offence under Section 138 of the N.I. Act.
Fact of the Case:
The revision was filed against the appeal judgment affirming the conviction and sentence of the applicant under Section 138 of N.I. Act. The parties filed a compromise application, which was found to be genuine by the Registrar (J-II).
Finding of the Court:
The court set aside the judgment of conviction and sentence, and acquitted the applicant based on the genuine compromise entered into by the parties.
Issues: The main issue was the validity of the compromise application under Section 147 of the Negotiable Instruments Act.
Ratio Decidendi: The court's decision was influenced by the genuine nature of the compromise entered into by the parties, as allowed under Section 147 of the Negotiable Instruments Act.
Final Decision: The applicant was acquitted of the offence under Section 138 of the N.I. Act, and the trial court was directed to release the applicant forthwith.
ORDER
1. This revision has been filed against the appeal judgment dated 30.7.2022 passed by Ms. Prachi Patel, 3rd Additional Sessions Judge, Khandwa in Cr.A. No.52/2021 (Dharmendra Singh Vs. Anil Kumar) under Section 138 of N.I. Act, whereby judgment of conviction and order of sentence dated 5.4.2021 passed in Special Criminal Case No.291/2017 by Judicial Magistrate First Class, District Khandwa has been affirmed and the appeal preferred by the applicant has been dismissed.
2. Before this Court, parties have filed compromise application under Section 147 of Negotiable Instruments Act vide I.A. No.24468/2022.
3. Parties were directed to remain present before the Registrar (J-II) for verification of compromise. Registrar (J-II) after recording statement of complainant - Anil Kumar has stated that he has already received amount from the applicant and has entered into compromise. As per the report, parties have arrived into compromise on their own with free will and volition. Therefore, compromise appears to be genuine.
4. Under Section 147 of Negotiable Instruments Act, every offence punishable under that Act has been made compoundable.
5. Therefore, as parties have entered into compromise and have filed compromise application on their own with free will and volition, there are no reasons to disbelieve the compromise application. Consequently, compromise application under Section 147 of Negotiable Instruments Act, is allowed.
6. Judgment dated 30.7.2022 passed in Cr.A. No.52/2021 (Dharmendra Singh Vs. Anil Kumar) affirming the judgment of conviction and sentence dated 5.4.2021 passed in Special Criminal Case No.291/2017 is set aside and judgment of conviction and sentence passed by the Courts below are set aside.
7. Consequently, applicant Dharmendra Singh is acquitted of offence under Section 138 of N.I.Act.
8. The information be sent to the Superintendent, Central/ District Jail, Khandwa to release the applicant Dharmendra Singh forthwith in this case, if he is not required in any other case.
9. Trial Court record along with copy of this order be sent down to Court concerned through Sessions Judge, Khandwa, for necessary compliance.
The genuine compromise entered into by the parties under Section 147 of the Negotiable Instruments Act led to the acquittal of the applicant.
The main legal point established in the judgment is the allowance of compounding of the offence under Section 138 of the Negotiable Instruments Act, based on the amicable settlement between the parti....
Compounding of the offence under Section 138 of the Negotiable Instruments Act is allowed when there is a genuine compromise between the parties and the entire amount has been paid to the complainant....
The main legal point established is that the compounding of the offence under Section 138 of the Negotiable Instruments Act can be allowed based on a mutual compromise between the parties, leading to....
The court can allow the compounding of offences under Section 138 of N.I. Act 1881 based on a verified compromise between the parties, in compliance with the guidelines set by the Supreme Court.
The court can accept a genuine compromise between the parties under Section 147 of the NI Act and quash the conviction and sentence to secure the ends of justice.
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