The court can compound offences under Section 138 of the Negotiable Instruments Act post-conviction if the complainant has been compensated, emphasizing the necessity of consent unless compensation is confirmed.

Sandeep Sharma, J. (Oral) [ Instant criminal revision petition filed under Section 397 read with Section 401 of Criminal Procedure Code, lays challenge to judgment dated 31.05.2022 passed by learned Additional Sessions Judge-II, Shimla, District Shimla, H.P., in Criminal Appeal No. 25-S/10 of 2019, affirming the judgment of conviction and order of sentence dated 15.10.2019 passed by learned Chief Judicial Magistrate, Shimla, District Shimla, H.P., in Complaint No. 325-3 of 2014, whereby court below, while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘Act’) convicted and sentenced her to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 2,50,000/- to the respondent-complainant.

2. Precisely, the facts of the case as emerge from the record are that respondent-complainant (for short ‘complainant’) filed a complaint under Section 138 of the Act in the competent court of law, alleging therein that accused with a view to discharge his liability issued cheque bearing No. 000009 amounting to Rs. 2,00,000/- in favour of the complainant, but fact remains that aforesaid cheque on its presentation, was dishonoured on account of insufficient funds. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act.

3. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 15.10.2019, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, convicted and sentenced her as per the description given hereinabove.

4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the learned court below, accused preferred an appeal in the court of learned Additional Sessions Judge-II, Shimla, District Shimla, HP, which came to be dismissed vide judgment dated 31.05.2022 as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the courts below.

5. Vide order dated 26.08.2022, this court suspended the substantive sentence imposed by the learned trial Court below subject to petitioner’s depositing 50% of the compensation amount and furnishing personal bond in the sum of Rs. 20,000/- within a period of four weeks. Aforesaid order passed by this court was duly complied with, as a result thereof, interim protection granted by this court vide order dated 26.08.2022 was made absolute.

6. Today, during proceedings of the case, learned counsel for the petitioner submitted before this court that entire amount of compensation has been paid to the complainant and as such, this Court while exercising power under Section 147 of the Act may proceed to compound the offence and acquitted of charge framed against him.

7. While fairly acknowledged factum with regard to receipt of entire amount of compensation, Mr. Anubhav Chopra, learned counsel for the complainant, states that since entire amount of compensation has already been received by the complainant, he shall have no objection in case offence committed by the petitioner-accused is compounded and petitioner-accused is acquitted of charge framed against him. Since it is not in dispute that entire amount of compensation has been paid by the petitioner-accused to the complainant and complainant shall have no objection in compounding of offence, this court sees no impediment in compounding the offence, while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu V. Sayed Baba

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