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2011 DIGILAW 1280 (RAJ)

Bhanwar Lal v. State of Rajasthan

2011-07-05

R.S.CHAUHAN

body2011
JUDGMENT 1. - Mr. Manish Surana, the complainants and Mr. Bhanwar Lal, the accused petitioner, are present before the Court. They have been identified by their respective counsel. 2. An application under Section 147 of the Negotiable Instruments Act has been filed for compounding the offence on the compound that parties have compromised. According to the application, the complainant has received the amount due and does not wish to pursue the present case against the accused-petitioner. 3. The learned counsel for the petitioner has contended that in the case of Damodar S. Prabhu vs. Sayed Babalal H., 2010 (1) NU 321 (SC) = 2010 CrLR (SC) 493, the Hon'ble Supreme Court was of the opinion that the intention beyond offence Section 138 Negotiable Instruments Act was not so much as to send the offender behind the bars, as it was to ensure that the offender would pay the amount due to the complainant. Therefore, the Apex Court hold opined that in case the parties were to enter into compromise even at the revisional/appellate stage, then the offence can be compounded provided that the accused pays 15% of the cheque amount by way of cost. 4. According to the learned counsel for the petitioner, the accused is a extremely poor person, who is not be in a position to pay 15% of the cheque amount. According to him, at best, he can pay merely Rs. 2,500/-. He has further urged that the guidelines laid down by the Apex Court are directory in nature and not mandatory as the guidelines dealing with compounding of offence in the High Court uses the word 'many'. 5. On the other hand, the learned counsel for the complainant, has frankly conceded, and in view of this Court rightly so, that since the complainant has received the amount due, he is not interested in pursuing the case. Therefore, even if Rs. 2,500/- were paid as cost, he has no objection. 6. Considering the fact that the parties have entered into the compromise, the offence under Section 138 of the Negotiable Instruments Act is compounded, the impugned judgment dated 24.4.2009 is hereby quashed and the accused petitioner is acquitted of offence under Section 138, provided he pays cost of Rs. 2,500/-. The said amount shall be paid to the Legal Services Authority within a period of one month from today.Order accordingly *******