SITA RAM Vs. YOGESHWAR DUTT SHARMA

JUDGEMENT

(1.) By way of instant petition filed under S.397 read with S.401 CrPC, challenge has been laid to judgment dtd. 1/12/2021 passed by learned Sessions Judge, Shimla in Cr. Appeal No. 9-S/10 of 2020, affirming judgment of conviction and order of sentence dated 11/19/2/2020 passed by learned Chief Judicial Magistrate, Shimla in Cr. Case No. 3763 of 2014, titled Yogeshwar Dutt Sharma v. Sita Ram Sharma, whereby learned trial court, while holding accused guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter'Act') convicted and sentenced him to undergo simple imprisonment for six months and pay a compensation of Rs.95,000.00 to the respondent/complainant (hereinafter,'complainant').2. Precisely, the facts of the case, as emerge from the record, are that complainant instituted a complaint under S.138 of the Act in the competent court of law alleging therein that he had advanced a sum of Rs.70,000.00 to the accused on his request, who with a view to discharge his liability, issued cheque bearing No. 4250179 drawn on Bank of India, Dargi Branch, Shimla against his account maintained in the aforesaid bank, however, the fact remains that the aforesaid cheque, on its presentation, was dishonoured on account of insufficient funds and complainant was compelled to institute proceedings in the competent court of law under S. 138 of the Act. 3. Learned trial Court on the basis of the evidence led on record by the respective parties, held the accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him as per description given above. 4. Being aggrieved and dissatisfied with judgment of conviction and order of sentence recorded by learned court below, accused preferred an appeal in the court of Sessions Judge, Shimla which also came to be dismissed vide judgment dtd. 1/12/2021. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments of conviction and order of sentence recorded by learned court below 5. Vide order dtd. 11/1/2022, this court suspended the substantive sentence imposed upon the accused by learned trial Court subject to petitioner's depositing entire amount of compensation awarded by learned court below and furnishing personal bonds in the sum of Rs.25, 000. 6..00 Today during proceedings of the case, learned counsel for the parties stated that the matter stands compromised between the parties. 7. Mr. H.R. Bhardwaj, learned counsel for the petitioner, while placing on record receipt dtd. 20/6/2022 issued by the complainant, stated that the parties have resolved to settle the dispute inter se them amicably for a total sum of Rs.50,000.00, which has been paid to the complainant and as such, this court while exercising power under S.147 of the Act, can proceed to compound the offence and acquit the accused of the offence punishable under S.138 of the Act. 8. Learned counsel for the complainant, while fairly admitting factum with regard to compromise arrived inter se parties, stated that since the complainant has received sum of Rs.50,000.00, he shall have no objection in case prayer made on behalf of the petitioner, for compounding of the office and acquitting him, is accepted. Receipt is taken on record and made part of the case file. 9. Since the parties have resolved to settle the dispute inter se them amicably and as per compromise, a sum of Rs.50,000.00 stands received by complainant, this court finds no impediment in accepting the prayer made in the instant application for compounding of offence, while exercising power under S.147 of the Act and in terms of guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein Hon'ble Apex Court has categorically held that court, while exercising power under Sec. 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below. 10. Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and order of sentence passed by the courts below are quashed and set-aside. Petitioner-accused is acquitted of the charges framed against him under Sec. 138 of the Act. 11. Petition stands disposed of in the afore terms, alongwith all pending applications. Bail bonds, if any, furnished by the accused are discharged.