NARESH KUMAR Vs. TRILOK CHAND

JUDGEMENT

(1.) By way of instant application filed under S.482 CrPC, prayer has been made on behalf of the applicant/accused for compounding of the offence under S.147 of the Negotiable Instruments Act (hereinafter, 'Act'). No reply is intended to be filed on behalf of the Learned Counsel appearing for the non-applicant.

(2.) Precisely, the facts of the case, as emerge from the record, are that the respondent/complainant (hereafter, 'complainant') instituted complaint under S.138 of the Act against the accused in the competent court of law alleging therein that the accused issued cheque bearing 283466 dtd. 25/8/2016 (Ex. CW-1/B) amounting to Rs.80,000.00 in his favour drawn at UCO Bank, Jubbal, District Shimla, however, fact remains that the aforesaid cheque was dishonored on account insufficient funds in the account of the accused vide memo dtd. 17/11/2016, and resultantly, the complainant instituted proceedings under S.138 of the Act in the competent Court of law. Learned trial Court on the basis of evidence adduced on record by parties, held accused guilty of having committed offence punishable under S.138 of the Act and convicted and sentenced him to undergo simple imprisonment for six months and to pay compensation to the tune of Rs.1.20 Lakh to the complainant. Accused filed appeal but the same was also dismissed, after which he approached this court under Ss. 397 and 401 CrPC by way of Cr. Revision No. 332 of 2021, but the same was also dismissed on merit vide order dtd. 10/11/2022.

(3.) After passing of order dtd. 10/11/2022, accused compromised the matter with the respondent, whereby he has paid Rs.50,000.00 in cash to the learned counsel for the respondent and qua Rs.70,000.00 deposited with learned trial Court, accused has no objection, in case said amount is released in favour of the respondent. On account of aforesaid settlement, accused has approached this court in the instant application filed under S.482 CrPC, praying therein for compounding of the offence under S.147 of the Act. Learned counsel for the nonapplicant fairly states that since entire amount of compensation has been deposited by the accused, respondent shall have no objection in case prayer of the accused for compounding of the offence and thereafter his acquittal is accepted.