BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Mr. Manish Surana, the complainants and Mr. Bhanwar Lal, the accused petitioner, are present before the Court. They have been identified by their respective counsel.

(2.) An application under Section 147 of the Negotiable Instruments Act has been filed for compounding the offence on the compound that parties have compromised. According to the application, the complainant has received the amount due and does not wish to pursue the present case against the accused-petitioner.

(3.) The learned counsel for the petitioner has contended that in the case of Damodar S. Prabhu vs. Sayed Babalal H., 2010 (1) NU 321 (SC) = 2010 CrLR (SC) 493, the Hon'ble Supreme Court was of the opinion that the intention beyond offence Section 138 Negotiable Instruments Act was not so much as to send the offender behind the bars, as it was to ensure that the offender would pay the amount due to the complainant. Therefore, the Apex Court hold opined that in case the parties were to enter into compromise even at the revisional/appellate stage, then the offence can be compounded provided that the accused pays 15% of the cheque amount by way of cost.