Mohammad IQBAL @ Mannubhai vs Jaspal Singh Chhabada

P.K. Jaiswal, Judge

Heard. This revision has been filed by the accused against the judgment of conviction u/s 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act), whereby the learned Court below convicted the applicant and sentenced to undergo nine months rigorous imprisonment with fine of Rs.1,000/-and also directed to pay compensation of Rs.90,000/-under Section 357 Criminal Procedure Code.

Both the parties are present in person. They have been identified by their respective counsel. Complainant Jaspal Singh Chhabra, who is present in person before this Court, has made a statement that compensation amount as awarded by the Court has been paid and the matter has been settled between the parties. IA No.5194/2012 has been filed for compounding the offence.

Leaned counsel for the non-applicant made a statement at Bar that the compromise has taken place between the parties outside the Court and in pursuance to that the complainant / non-applicant has received an amount of Rs.90,000/-from the applicant-accused and prayer is made for compounding the offence u/s 147 of the Act.

Learned Counsel for the applicant drew my attention to the decision of the Apex Court in the matter of Damodar S. Prabhu Vs. Sayed Babalal H., and submitted that the application u/s 147 of the Act for compounding the offence be allowed and the offence be compounded, because the applicant has already paid the whole amount with costs and expenses to the non-applicant.

In the case of Damodar S. Prabhu (supra) the Hon''ble Supreme Court has held that if the application for compounding is made before a High Court in revision, such compounding may be allowed on the condition that the accused must pay 15% of the cheque amount by way of costs. The Supreme Court also observed that the competent Court can of course reduce the costs with regard to the specific facts and circumstances of the case, while recording reasons in writing for such variance.

Considering the aforesaid, the I.A. No.5194/2012 is allowed on the condition that the applicant shall pay 15% of the cheque amount by way of costs, if not paid.

With the aforesaid, the Criminal Revision stands allowed and disposed of. Consequently, the impugned judgment is set aside. C.c. as per rules.