Devinder Kewla vs Rakesh Sharma

Sandeep Sharma, J

By way of instant criminal revision petition filed under Section 482 CrPC, challenge has been laid to order dated 18.8.2022, passed by the learned ACJM Theog, in Case No. 291/2021, titled Rakesh Sharma v. Devinder Kewla, whereby an application filed under Section 147 of the Negotiable Instruments Act (in short “ the Act”) for compounding the offence alleged to have been committed by the petitioner, came to be dismissed.

Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, in the court of Additional Chief Judicial Magistrate, Theog, H.P., alleging therein that accused with a view to discharge his liability issued cheque for a sum of Rs. 2,26,750/-, but fact remains that aforesaid cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act. However, before case could be taken to its logical end by the court below, accused filed an application under Section 147 of the Act, praying therein to compound the offence, wherein petitioner expressed his readiness and willingness to pay the entire cheque amount, however such prayer of him was opposed by the respondent-complainant and as such, vide order dated 18.8.2022, learned court below dismissed the application. In the aforesaid background, accused has approached this Court by way of instant proceedings, seeking therein to set- aside the impugned order and compound the offence alleged to have been committed by the petitioner-accused.

During proceedings of the case, learned counsel for the petitioner accused stated that petitioner is ready and willing to make the entire payment and as such, matter was adjourned for today’s date. Today, during the proceedings of the case, learned counsel for the petitioner on instructions of the accused, who is present in the Court apprised this Court that entire cheque amount stands paid to the respondent-complainant, which fact has been duly acknowledged by Mr. Gaurav Sharma, learned counsel for the respondent-complainant.

Ms. Pooja Thakur, learned counsel for the petitioner states that since entire cheque amount already stands paid to the respondent-complainant, this Court while exercising power under Section 147 of the Act can proceed to compound the offence.

Mr. Gaurav Sharma, Advocate, states that though respondent has no objection in compounding the offence, but since petitioner was unnecessarily dragged into litigation for realization of his own money, this Court may also award some litigation cost.

Having taken note of the fact that entire amount of compensation stands paid to the respondent-complainant and respondent/complainant has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663.

Consequently, in view of the above, order dated 18.8.2022, is quashed and set-aside and offence alleged to have been committed by the petitioner under Section 138 of the Act is ordered to be compounded. The petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Since respondent-complainant was unnecessarily compelled to institute the legal proceedings against the accused that too for realization of his own money, this court deems it fit to direct the accused to pay sum of Rs. 10,000/- to the respondent as litigation cost, payable within three weeks. Ordered accordingly. It is made clear that in case, aforesaid amount of Rs. 10,000/- is not paid within the time stipulated by this court, accused besides rendering himself liable for penal consequences would also invite contempt proceedings. Accordingly, the petition is disposed of alongwith pending applications, if any.