DAULAT RAM Vs. RAMJI DASS AND ANOTHER

JUDGEMENT

(1.) Aggrieved by the judgment dated 12.3.2013 in criminal Appeal No.37-S of 2010 passed by learned Additional Sessions Judge, Fast Track Court, Shimla affirming thereby the judgment of conviction passed by learned Judicial Magistrate, Court No.3, Shimla on 16.3.2011 in criminal Case RBT No. 275-3 of 2009, the petitioner has approached this Court for quashing the same.

(2.) The convict-petitioner has been tried under Section 138 of Negotiable Instruments Act with the allegations that the cheque bearing No.632895 dated 6.7.2009 in the sum of Rs. 2,62,000/- he issued to the respondent-complainant when presented for clearance, bounced for want of sufficient funds in his account. He has been convicted and consequently sentenced to undergo rigorous imprisonment for six months and to pay compensation of Rs. 3,00,000/- (rupees three lac) to the respondent. Learned lower appellate Court has affirmed the finding of conviction and sentence recorded by learned trial Court in the judgment impugned before this Court by way of this petition.

(3.) The amount of compensation partly, i.e. Rs. 2,00,000/- stands paid to the respondent-complainant, whereas, the remaining amount of Rs. 1,00,000/- is lying deposited in the lower appellate Court. In this way, the entire amount stands paid/deposited by the accusedpetitioner. The respondent-complainant has now entered into a compromise with the accused-petitioner and has filed Cr.MP No.11352 of 2013 under Section 147 of Negotiable Instruments Act for compounding the offence. The application is supported by the affidavit of the accused- petitioner and also that of respondent-complainant. Compounding of any offence under the Act is permissible under Section 147 thereof. The Apex Court in order to ensure the compounding of an offence at the earliest opportunity available to the parties, has framed a graded scheme in its judgment in Damodar S. Prabhu Versus Sayed Babalal H., 2010 5 SCC 663, the relevant portion thereof reads as follows:-