PUNJAB AND HARYANA HIGH COURT
Criminal Appeal No. 27-DBA of 1993. D/d. 15.10.2003
M/s Jai Maa Bhawani Financiers Pvt. Ltd. Pathankot - Appellant
For the Appellant :- Mr. Pawan Kumar, Advocate.
For the Respondent :- Mr. Lekh Raj Sharma , Advocate.
A. Criminal Procedure Code, Section 320 - High Court may allow any person to compound any offence which such person is competent to compound. [Para 4]
B. Nagotiable Instruments Act, Section 138 - Criminal Procedure Code, Section 320 - Dishonour of cheque - Conviction of accused - Parties allowed to compound the offence and accused acquitted of charge - Offence under Section 138 of the Nagotiable Instruments Act is compoundable. [Para 4]
V.M. Jain, J. - This order may be read in continuation of earlier order dated 24.9.2003 passed by me in this appeal.
2. Complainant appellant M/s Jai Maa Bhawani Financiers Pvt. Ltd., through its Director, had filed a criminal complaint under Section 138 of the Negotiable Instruments Act, against the respondents. The learned Sub Divisional Judicial Magistrate, Pathankot, vide order dated July 27, 1992, had acquitted the accused respondents of the charge framed against them. Aggrieved against the same the complainant filed the present appeal against acquittal in this court. Vide detailed order dated 24.9.2003, it was found by me that the acquittal of the accused respondents was contrary to law. Accordingly, the accused respondents were convicted for the offence under Section 138 of the Negotiable Instruments Act. On the question regarding sentence, at the request of the counsel for the respondents, the case was adjourned to enable him to seek instructions from the respondents.
3. Today, learned counsel for the respondents has placed on record an affidavit dated 13.10.2003 of Gurdev Singh son of Harial Singh, Director, M/s Jai Maa Bhawani Financiers Pvt. Ltd., Pathankot. In the said affidavit, it has been alleged that the subject matter of the criminal complaint stands finally settled between the parties and that the complainant has received full and final payment regarding the subject matter of the present dispute and that the criminal complaint filed by the complainant may be dismissed as having become infructuous.
4. As referred to above, vide detailed order dated 24.9.2003, the accused respondents were convicted for the offence under Section 138 of the Negotiable Instruments Act. As per the aforesaid affidavit dated 13.10.2003, the complainant has compromised the matter with the respondents and the complainant is not interested to pursue the present complaint. It is now well settled that the offence under Section 138 of the Negotiable Instruments Act is compoundable. Under Section 320 of the Code of Criminal Procedure, it has been provided that the High Court may allow any person to compound any offence which such person is competent to compound. It has further been provided that the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.
5. In view of the fact that the complainant has compounded the offence with the accused respondent and is not interested to pursue the complaint under Section 138 of the Negotiable Instruments Act against the accused respondents, the effect thereof would be that the accused respondents shall stand acquitted of the charge framed against them. Ordered as such. The present appeal stands disposed of accordingly.