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2022 DIGILAW 306 (MP)

Madanlal Parmar v. Ashok

2022-02-22

RAJENDRA KUMAR VERMA

body2022
ORDER 1. This is an application under Section 482 of Cr.P.C for compounding the offence committed by the petitioner under Section 138 of N.I. Act 1881 in the light of Section 147 of N.I. ACT and for setting aside the order dated 22.01.2019 passed in Criminal Appeal No.166/2018 whereby learned Special Judge has affirmed the judgment of conviction dated 20.04.2018 passed by Judicial Magistrate First Class, District Dewas in Criminal Complaint Case No.910/2016 whereby the petitioner has been sentenced for one year R.I. with fine of Rs.1,00,000/- (in place of cheque amount of Rs.80,000/-) with default stipulation. 2. Learned counsel for the applicant has submitted that after passing the judgment of 22.01.2019, the petitioner and respondent entered into compromise and the petitioner has paid the whole amount to the respondent as agreed between both the parties. Both the parties have filed an application for compromise and compounding the offence. 3. Earlier, vide order dated 21.01.2022, both the parties were directed to appear before the Principal Registrar of this Court for verification of the compromise. 4. In compliance of the aforesaid order, both the parties have appeared before OSD/Registrar of this Court, who in turn, vide verification report dated 03.02.2022 verified the compromise that both the parties have compromised their case without any threat, inducement or coercion and compromised the case voluntarily without any pressure and both the parties have been identified by their respective counsel. 5. There is no impediment in accepting the compromise between the parties at this stage in view of the law laid down by the Supreme Court in case of Damodar S. Prabhu vs. Sayed Bablal H. reported in 2010 (5) SCC 663 in which guidelines are there to be followed in the matter of compromise between the accused and the complainant in the matters of 138 of Negotiable Instruments Act. The guidelines are reproduced below:- (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. 6. In view of the guideline 1(C), since the application for compounding is filed before this High Court, hence, the same is liable to be allowed on a condition to deposit 15% of the cheque amount by way of cost with the District Court Legal Services Authority, Dewas. 7. Resultantly, the order dated 22.01.2019 passed in Criminal Appeal No.166/2018 as well as the order dated 20.04.2018 passed in Criminal Case No.910/2016, are hereby quashed. Consequently, offence committed by the petitioner under Section 138 of N.I. Act 1881 stands compounded. 8. In this case the applicant is in jail, hence, he is entitled for release after compliance of this order. 9. A copy of this order be sent to the court below concerned. 10. With the aforesaid, M.Cr.C. No.2103/2022 stands disposed of.