Inder Singh vs Punjab National Bank And Anr

Sandeep Sharma, J

Instant criminal revision petition, lays challenge to judgment dated 23.12.2022, passed by the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., in Criminal Appeal No. 122/2022, affirming judgment of conviction and order of sentence dated 3.8.2022, passed by the learned Additional Chief Judicial Magistrate-I, Sundernagar, District Mandi, H.P., in Criminal Case No. 422-I/2014, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 94,148/- to the complainant.

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 learned trial court, alleging therein that accused had obtained loan from the complainant bank and with a view to discharge his liability issued cheque amounting to Rs. 85,589.50/ - but fact remains that aforesaid cheques 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.

Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 3.8.2022, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, convicted and sentenced him as per the description given herein above.

Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Additional Sessions Judge, Sundernagar, District Mandi, HP, which also came to be dismissed vide judgment dated 23.12.2022, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the courts below.

Before case at hand could be heard and decided on its own merits, learned counsel for the petitioner stated that since entire amount of compensation awarded by the court below has been paid to the complainant bank, this Court while exercising power under Section 147 of the Act, may compound the offence and acquit the accused.

While fairly acknowledging factum with regard to compromise, Mr. Sanjay Dalmia, learned counsel appearing for the respondent-complainant stated that his client shall have no objection in compounding the offence.

Having taken note of the fact that entire amount of compensation stands paid or agreed to be paid to the respondent-complainant and respondent 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, wherein it has been categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below.

Consequently, in view of the above, present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 3.8.2022 and 23.12.2022, passed by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order, if any, is vacated. Bail bonds, if any, discharged. The petition is disposed of alongwith pending applications, if any.