SHUNTY Vs. AMIT KUMAR

JUDGEMENT

(1.) The petitioner, who stands convicted for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (for short "NIA ") has come up before this Court under Section 482, Code of Criminal Procedure, (CrPC) for quashing the proceedings because the parties have compromised the matter.

(2.) The petitioner faced criminal prosecution by the private respondent, because of the dishonour of the cheque in question. The complainant alleged that a cheque drawn for Rs.1,70,000/- dated 07.08.2014 by the accused, which was handed over by him to the complainant in discharge of his legally enforceable liability did not honour. Afterthat the complainant issued a notice but despite that the accused did not discharge his liability. Feeling aggrieved, the complainant lodged prosecution by filing a complaint under Section 138 of NIA. Vide above captioned judgment, learned Trial Court accepted the complaint; convicted and sentenced the accused vide judgment dated 23.02.2017 under Section 138 of NIA. Feeling aggrieved the convict filed an appeal before the Sessions Court. However, learned Sessions Court dismissed the appeal vide judgment dated 08.01.2021. Afterthat, the petitioner has filed the present Criminal Revision before this Court. As per annexure P-1 attached with the petition, it is stated that the convict and the complainant have entered into an out of Court compromise on 04.03.2021. When the matter was taken up, learned counsel for the complainant based on the instructions received in this regard submitted that the complainant has no objection, if the present Criminal Revision is allowed and the conviction and sentence is set aside because the matter has been compromised between them to their full satisfaction and there is no due towards the petitioner.

(3.) The jurisprudence behind the Negotiable Instruments Act, 1881 is that the business transactions are to be honored. The legislative intention is not to make people suffer incarceration only because their cheque bounced. These proceedings are to execute the recovery of cheque amount by showing teeth of penalty loss.