KALU LAL Vs. JAMBU

JUDGEMENT

(1.) THIS criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against the order dated 24. 06. 2005 passed by the Additional Sessions Judge, Nathdwara, district Rajsamand (for short, "the appellate Court" hereinafter) in criminal Appeal No. 26/2004, whereby the appellate Court dismissed the appeal filed by the petitioner against the judgment and order dated 03. 12. 2004 passed by the Additional Chief Judicial Magistrate, Nathdwara (for short, "the trial Court" hereinafter) in Criminal Case No. 151/2003, whereby the trial Court convicted the petitioner for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") and sentenced him to undergo simple imprisonment for one year and a fine of rs. 1,60,000/- and in default of payment of fine further to undergo three months' simple imprisonment. It was further directed that on depositing the amount of fine, a sum of Rs. 1,50,000/- be paid to the complainant/non-petitioner as compensation.

(2.) ON notice, the complainant/non-petitioner appeared before this Court and filed an application under Section 147 of the Act compounding the offence with the petitioner. The complainant has been identified by his counsel Mr. R. S. Chauhan. The application compounding the offence/ compromise has been verified by the Deputy Registrar (Judicial) of this Court. It has been stated by the learned Counsel for the complainant that the complainant has already been paid a sum of Rs. 1,37,000/- by the accused-petitioner and the parties have compounded the offence.

(3.) THE offence under Section 138 is compoundable under Section 147 of the Act, which provides that notwithstanding anything contained in the code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable. Sub-section (5) of Section 320 of the Code of Criminal Procedure, 1973 (for short, "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 is 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 any offence which such person is competent to compound under this Section. Sub-section (8) of Section 320 of the code provides that the composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. Thus, the application filed by the complainant/non-petitioner seeking compounding the offence deserves to be allowed and he is allowed to compound the offence under Section 138 of the Act.