AMI LAL Vs. MAHAVIR PRASAD SURENDRA MOHAN

JUDGEMENT

(1.) THIS revision petition under Section 397/401 Crpc is directed against the judgment and order dated 14. 01. 2005 passed by additional Sessions Judge, No. 1, Sri Ganganagar (for short 'the appellate court' hereinafter) in Criminal Appeal No. 35/2004 whereby the appeal filed by the petitioner against the judgment and order dated 20. 03. 2004 passed by Additional Chief Judicial Magistrate, Sri Ganganagar (for short 'the trial Court' hereinafter) in Criminal Case No. 794/2002 was dismissed and conviction and sentence awarded by the trial Court was affirmed. During pendency of the revision petition, the complainant respondent shakti Kumar appeared before this Court and filed a compromise compounding offence punishable under Section 138 of the Negotiable instruments Act, 1881 (for short 'the Act' hereinafter ). The compromise has been verified by the Deputy Registrar, Judicial today. The complainant is present in the Court and admits composition of offence and seeks permission for composition of the offence.

(2.) SECTION 147 of the Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974), every offence punishable under this Act shall be compoundable.

(3.) SECTION 320 of the Code of Criminal Procedure (for short 'the Code' hereinafter) provides compounding of offence. Sub-section (5) of Section 320 of the Code provides that when the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he committed or as the case may be, before which the appeal is to be heard. Sub-section (6) of Section 320 of the Code provides that a High court or Court of Session acting in the exercise of its powers of revision under Section 401 may allow any person to compound offence which such person is competent to compound under this Section. Sub-section (7) of section 320 of the Code provides that no offence shall be compounded if the case is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. Subsection (8) of Section 320 of the Code provides that the composition of an offence under this section shall have an effect of an acquittal of the accused with whom the offence has been compounded. Thus, Sub-section (6) of Section 320 of the Code provides that in exercise of the power of the revision under Section 401, the High Court or the Court of Session may allow any person to compound any offence which such person is competent to compound. In view of Section 147 of the Act and Subsection (6) of section 320 of the Code, the respondent complainant is permitted to compound the offence under Section 138 of the Act. In view of the compounding of the offence by the complainant who is competent to compound the offence, the judgment and order of the appellate Court as well as of the trial Court deserve to be set aside and the petitioner deserves to be acquitted.