DEBABRATA DASH Vs. MALAYA BHOWMICK

JUDGEMENT

(1.) In this revision petition, the accused-petitioner has sought to challenge the judgment dated 24.2.2007 passed by the learned S.D.J.M., Bhubaneshwar in I.C.C. Case No. 4318 of 2004 convicting him under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo S.I. for a period of three months and to pay a compensation of Rs. 1,50,000 to the complainant. Challenge has been further made to dismissal of the petitioner's Criminal Appeal No. 10/10/2-8/07 by the learned Ad hoc Addl. Sessions Judge (F.T.C.3), Bhubaneswar by his judgment dated 21.5.2008 thereby confirming the order passed against the accused-petitioner in I.C.C. Case No. 4318 of 2004. A memorandum has been filed by the learned Counsel for opp. party, wherein it is stated that the dispute inter se the parties has been resolved and the petitioner has paid a sum of Rs. 1,50,000 in three installments to the opp. party-complainant and has no object to the disposal of the case in terms of the settlement of disputes.

(2.) In this regard, reference is made to a judgment of the Hon'ble Supreme Court in the case of K.M. Ibrahim v. K.P. Mohammd & Anr., 2010 1 SCC 798, wherein a Division Bench of the Hon'ble Supreme Court headed by Hon'ble Justice Altamas Kabir came to hold that, an application for compounding the offence under Section 147 of the Negotiable Instruments Act, can be made even at the appellate stage and even in a proceeding under Article 136 of the Constitution.

(3.) The Hon'ble Supreme Court took into account the scope and ambit of Section 147 of the N.I. Act and held that, once a matter has been compromised between the parties and payment has been made in full and final settlement of their dues, the appeal deserves to be allowed and the appellant is entitled to an acquittal and as a consequence thereof, the order of conviction and sentence recorded by all the Courts can be permitted to be set aside and the appellant ought to be acquitted of the charges levelled against him. It is further held in paragraph 14 of the aforesaid judgment that Section 147 of the N.I. Act does not bar the parties from compounding an offence under Section 138 of N.I. Act even at the appellate stage of proceeding. For better appreciation, Section 147 of the N.I. Act is quoted herein below: