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Judgment
Gita Gopi, J
Challenge in this revision application at the instance of the applicant – accused is given to the concurrent findings of the learned Courts below of conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).
Rule. Learned advocates for the respective respondents waive service.
Learned advocate for the applicant states that the respondent – complainant is paid more than the cheque amount and the complainant has no grievance now. Respondent No. 1 – Rakeshbhai Thakorlal Mehta – original complainant is present before the Court and is identified by learned advocate Mr. Bhargav Dangar, who shal file his appearance, if yet not filed and the registry shall accept the same. The learned advocate for the respondent No. 1 – original complainant states that the complainant has received the amount, as aforesaid, and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent for compounding the offence. The complainant also files an affidavit to that effect, which is directed to be taken on record.
Since, the total cheque amount has been received by the complainant and the complainant has given consent for compounding the offence, keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the offence and may require the consent of the aggrieved for compounding the offence, however, the specific provision under Section 147, inserted by way of amendment towards special law, would give overriding effect to sub-section (1) of Section 320 Criminal Procedure Code, 1973 (CrPC) as has been observed in the case of Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907. Accordingly, as the dispute has been resolved and the total cheque amount has been paid to the complainant, in consonance with the object of the NI Act and the provisions under Section 147 thereof, the matter is considered as compounded.
In aforesaid view of the matter, the judgment and order passed by the learned trial Court of conviction and sentence for the offence punishable under Section 138 of the NI Act, as affirmed by the learned appellate Court, are quashed and set aside. The applicant stands acquitted. The present revision application is allowed in the above terms. Connected application also stands disposed of.
5.1 The applicant is reported to be in jail. Accordingly, the concerned jail authority is directed to release the applicant forthwith, if not required in any other case.
5.2 It is reported that the applicant has deposited 20% amount before the Appellate Court concerned. Accordingly, the same is directed to be returned to the applicant, on proper verification.
5.3 Rule is made absolute accordingly. Direct service is permitted.