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HIGH COURT OF GAUHATI
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
RATNESWAR SWARGIYARY – Appellant
Versus
THE STATE OF ASSAM AND ANR. – Respondent
Crl.Pet. / 282 / 2024
CRIMINAL - SECTION 138 OF N.I ACT - COMPOUNDING OF OFFENCE - SECTION 147 OF N.I. ACT, 1881
Fact of the Case:
The petitioner issued a cheque to the respondent for the purchase of a plot of land, which was dishonoured due to insufficient funds. The respondent filed a case under Section 138 of the N.I. Act, and the petitioner was convicted and sentenced to imprisonment and compensation.
Finding of the Court:
The court noted that the petitioner had paid the amount due to the respondent and that the matter could be compounded under Section 147 of the N.I. Act.
Issues: Whether the offence under Section 138 of the N.I. Act could be compounded.
Ratio Decidendi: The court held that the offence under Section 138 of the N.I. Act could be compounded under Section 147 of the N.I. Act, as the amount due had been paid by the petitioner.
Final Decision: The court stayed the conviction order and directed that the matter be listed for further hearing.
ORDER
14.03.2024 Heard Mr. B.P. Borah, learned counsel for the petitioner. Also heard Mr. D.
Das, learned counsel for the State respondents.
This is an application under Section 482 read with 397 and 401 of Cr.PC, 1973 assailing the Order dated 05.03.2018 passed by the learned Judicial Magistrate, Kamrup (M) in C.R. Case No. 1944/2013 convicting the petitioner under Section 138 of N.I Act and sentencing him to undergo simple imprisonment for 3 months and to pay compensation of Rs. 1,60,000/- and in default simple imprisonment for another 1 month.
The fact of the case is that the respondent purchased a plot of land from the petitioner by a deed of agreement for consideration of Rs. 4,50,000/- only and out of that amount, the respondent had paid an amount of Rs. 3,80,000/- only as advance payment to the petitioner on three consecutive dates. However, the petitioner sold the aforesaid land to another person to repay the money advanced by the respondent, the petitioner issued a Cheque bearing No. 245475 dated 30.04.2013 amounting to Rs. 1,00,000/- which got dishonoured due to funds being sufficient. Accordingly, a case was registered under Section 138 of N.I Act and upon taking cognizence and upon hearing, conviction order was passed on 05.03.2018.
Mr. B.P. Borah, learned counsel for the petitioner submits that the aforesaid sum of Rs. 1,60,000/- has been paid to the respondent on 20.01.2024 and a money receipt to that effect has been annexed as Annexure-B to the criminal petition. He accordingly submits that the matter can be compounded in terms of Section 147 of the N.I. Act, 1881.
I have heard the submissions made at the bar and have perused the materials available on record.
Issue notice, returnable in 2 weeks.
Mr. D. Das, learned Addl. PP accepts notice on behalf of the respondent No.
1. Extra copies be furnished within the course of the day.
Steps be taken by registered post with A/D upon the respondent No. 2 within a period of 2 days.
In the interim, it is directed that the Order dated 05.03.2018 passed by the learned Judicial Magistrate, Kamrup (M) and Judgment dated 06.03.2019 passed by the learned Addl. Sessions Judge-I, Kamrup (M) shall remain stayed until further orders.
List accordingly.
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