MONOMOTI BORA Vs. HAIDER ALI

JUDGEMENT

(1.) HEARD Mr. D. Das, learned Senior Counsel assisted by Mr. R. Singha, appearing for the petitioner. The State is represented by Mr. B. B. Gogoi, the Addl.PP and Mr. U.J. Saikia, learned Counsel appears for the complainant (respondent No. 1).

(2.) THE conviction of the petitioner ordered through the judgment dated 12.5.2010 passed by the Judicial Magistrate 1st Class, Nagaon under Section 138 of Negotiable Instrument Act (hereinafter referred to as the N.I. Act), which was upheld subsequently by the learned Addl. Sessions Judge, FTC, Nagaon in Criminal Appeal No. 22 (N)/2010, is under challenge in the present proceeding. On such conviction the petitioner is sentenced to pay compensation of Rs.1,50,000/- to the complainant and in default, to suffer S.I. for one year.

(3.) MR. Das submits that offence of this kind are compoundable under Section 147 of the N.I. Act and taking advantage of the said compoundable provision, a deed of agreement was signed by the petitioner and the complainant on 13.9.2011, for a mutual settlement of the dispute amongst them. Citing the decision of the Apex Court in Anil Kumar Haritwal Vs. Alka Gupta reported in AIR 2004 SC 3978 MR. Das submits that the Apex Court has held that conviction arising out of dishonouring of cheques is compoundable when the due amount is paid to the complainant.