BALJEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure (for short "the Code") has been preferred seeking quashing of Criminal Complaint No. 37 of 15.2.2007 RT No. 356 dated 13.9.2007 titled "Tarlochan Singh vs. Baljeet Kaur and others" under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act"), proceedings emanating therefrom including judgment dated 14.5.2012 (Annexure P -2) passed by the trial court and order dated 11.3.2014 (Annexure P -6) passed by the Additional Sessions Judge, Kapurthala (Appellate Court).

(2.) THE sole submission made by counsel for the petitioners is that during pendency of the appeal against conviction of the petitioners by the trial court for offence punishable under Section 138 of the Act, Baljeet Kaur petitioner filed an application for compounding of the offence with the plea that she is ready to deposit the cheque amount along with interest and costs etc. in view of the judgment of Hon'ble the Supreme Court of India in Damodar S.Prabhu vs. Sayed Babalal H., 2010 2 RCR(Cri) 851but the said application has been wrongly declined by the learned appellate curt, vide impugned order dated 11.3.2014. Further dilating, it is contended that once the petitioner is willing to repay the cheque amount along with interest and costs etc., continuation of proceedings is nothing but an abuse and misuse of process of law which needs to be scuttled in exercise of jurisdiction under Section 482 of the Code. For this purpose, he has relied on the judgment passed by this court in Subash Nagpal and another vs. Neeraj Kakkar,2013 7 RCR(Cri) 1913. I have heard counsel for the petitioners and perused the case file.

(3.) THE only point which arises for consideration and adjudication is whether a person accused of committing offence under Section 138 of the Act can compel the complainant to compound the offence on the plea that he/she is ready to pay the cheque amount along with interest and costs etc. Indisputably, offence under Section 138 of the Act has been made compoundable under Section 147 of the Act but no special procedure has been prescribed under the Act relating to compounding of offence. Under these circumstances, the basic procedure of compounding an offence laid down in Section 320 of the Code will apply to compound an offence under the Act. In this context, reference can be made to the judgment of Hon'ble the Supreme Court of India in R.Rajeshwari vs. H.N.Jagadish, 2008 2 RCR(Cri) 171.