GURU KRIPA CONFECTIONERS Vs. NEERAJ BROTHERS JASPUR

JUDGEMENT

(1.) A criminal complaint case was filed by Neeraj Brothers, Jaspur, through its Proprietor, Neeraj Agarwal (respondent herein) against M/s Guru Kripa Confectioners, through its Proprietor, Santosh Rani (applicant herein) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. After the trial, accused was convicted for the selfsame offence, and was directed to undergo rigorous imprisonment for six months alongwith a fine of Rs. 1,80,000/ -, vide judgment and order dated 23.09.2014, passed by learned Special Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) AGGRIEVED against the same, the convict preferred a criminal appeal before the Sessions Judge, Udham Singh Nagar. Since the criminal appeal was time barred, therefore, the same was accompanied with a delay condonation application. When such criminal appeal was taken up by learned In -charge Sessions Judge, Udham Singh Nagar on 13.11.2014, respondent was directed to be served with notice.

(3.) NOW it is the submission of learned counsel for the applicant that a compromise has taken place between the parties. Respondent Neeraj Agarwal is present in person in the Court duly identified by his counsel Mr. Balvinder Singh, who says that the complainant has compounded the offence under Section 138 of the Negotiable Instruments Act against the applicant. Accused -applicant Smt. Santosh Rani is also present in person in the Court duly identified by her counsel Mr. Abhishek Verma. Respondent Neeraj Agarwal says that he has received a sum of Rs.1,46,000/ - from the applicant Smt. Santosh Rani and, therefore, he is not interested in prosecuting the applicant. He also says that both the parties have settled their dispute amicably. Section 147 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as 'the Act') says that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable. This shall, however, be subject to the law laid down by Hon'ble Apex Court in Damodar S. Prabhu vs Sayed Babalal, 2010 AIR(SC) 1907.