Mangal Chand Negi vs State Of H.P. And Another

Satyen Vaidya, J

By way of this petition, a prayer has been made to compound offence under Section 138 of Negotiable Instruments Act, which was subject matter of complaint No. 926-1/2015, decided by Learned Chief Judicial Magistrate Lahaul & Spiti at Kullu vide judgment dated 22nd March, 2022.

It is averred in the petition that vide Annexure P-3, a compromise has been effected between the complainant and the petitioner on 09.02.2023 and in terms of such compromise, the parties have agreed to put an end to the litigation.

The matter has been listed today as urgency has been shown on behalf of the petitioner who has been taken in custody for the purpose of execution of sentence imposed upon him by learned Trial Court and affirmed by learned Appellate Court. It is further submitted that the petitioner has been taken in custody about a week back and since then he is undergoing sentence.

Respondent No.2, who was complainant in the complaint, has put his appearance in the Court today without issuance of notice and is duly represented by Sh. H.R. Thakur, Advocate.

Power of Attorney filed by Sh. H.R. Thakur, Advocate, on behalf of respondent No.2 is taken on record.

Statement on oath of Sh. Sanjeev Sood, partner of respondent No.2 has been recorded today in the Court. He has stated that the matter has been compromised with petitioner vide Annexure P-3. He has admitted his signature on Annexure P-3. He has further stated that he has no objection in case the offence for which petitioner has been convicted is ordered to be compounded.

It is more than settled now that the offence under Section 138 of Negotiable Instruments Act being a compoundable offence can be ordered to be compounded even after conviction of the accused.

Petitioner was convicted for offence under Section 138 of Negotiable Instruments Act by learned Chief Judicial Magistrate, Lahaul & Spiti at Kullu, H.P. vide judgment dated 22.03.202, in complaint No.926-I/2015 and was sentenced to undergo simple imprisonment for a period of six months and to pay compensation amount of Rs.85,000/-. The petitioner preferred an appeal but remained unsuccessful. The judgment and sentence passed by learned Trial Court was affirmed by learned Appellate Court.

Keeping in view the fact that the matter has been amicably settled between the parties, there is no legal impediment in granting the prayer made in the petition.

Accordingly, the petition is allowed. The offence under Section 138 of Negotiable Instruments Act for which the petitioner was convicted vide judgment dated 22.03.2022 is ordered to be compounded. The judgment and sentence dated 22.03.2022 passed by learned Chief Judicial Magistrate, Lahaul & Spiti at Kullu, H.P. as affirmed by learned Additional Sessions Judge, Kullu, H.P. are set aside. The petitioner is acquitted of all the charges. This order shall further be subject to the condition that the petitioner shall deposit 15% of the cheque amount which was Rs.57,000/-with the H.P. State Legal Services Authority within eight weeks from today, failing which the order of conviction and sentence against the petitioner shall automatically revive. Since the petitioner has been acquitted of all the charges, he be released forthwith. Learned trial Court is directed to immediately issue the necessary release warrant, if required.

The petition is accordingly disposed of, so also the pending application(s), if any.

For compliance to come up on 18th April, 2023.