Rakesh Chauhan vs Jeet Singh

Learned Additional Chief Judicial Magistrate, Court No.2, Shimla has convicted the respondent herein under Section 138 of the Negotiable Instruments Act, hereinafter referred to as ''the Act'', and sentenced him to undergo simple imprisonment of six months and also to pay compensation to the tune of Rs.5,50,000/- vide judgment dated 6.9.2014/9.10.2014 passed in the complaint filed under Section 138 of the Act registered as case No. 2366-3 of 2014/13. Learned lower appellate Court in Criminal Appeal No.77-S/10 of 2014, however, has allowed the appeal and acquitted the respondent of the charge under Section 138 of the Act vide impugned judgment.

In this appeal, the findings of acquittal have been assailed by the complainant on several grounds. However, during the pendency of appeal, the parties by way of mediated settlement have compromised the dispute and the respondentaccused has now paid the amount in question to the appellant-complainant. This has led in filing the application registered as Cr.MP No. 893 of 2017 under Section 147 of the Act for seeking permission to compound the offence by the respondent-accused.

In view of the parties have compromised the controversy, the permission to compound the offence as sought by the respondent-accused is granted and the application, Cr.MP No. 893 of 2017 allowed, however, keeping in view that the compromise between the parties has taken place during the pendency of the appeal in this Court, in terms of the law laid down by the Hon''ble apex Court in Damodar S. Prabhu versus Sayed, (2010) 5 SCC, 663, the respondent-accused is liable to pay the compounding fee, which, in terms of the judgment supra, shall be 15% of the cheque amount.

Learned counsel representing the respondent-accused, however, has prayed for imposition of penalty/compounding fee on lesser rate. Since in Damodar S. Prabhu''s case supra, in the matter of imposition of penalty/compounding fee, the discretion is left with the Court seized of the matter, therefore, in the given facts and circumstances and the submissions persuasive in nature made by learned counsel the respondent-accused, the compounding of offence is permitted, subject to deposit of 5% of the cheque amount i.e. Rs.5,00,000/- by the respondentaccused within four weeks from today in the office of Secretary, District Legal Services Authority, Shimla. Receipt, in proof of such deposit, be produced before this Court on 30th August, 2017, when this matter shall be taken up at 4.15 p.m. in the chambers.

The appeal is accordingly allowed and stands dispose of. Pending application, if any, shall also stand disposed of.