The Himachal Pradesh High Court has reiterated that while exercising power under Section 147 of the NI Act, courts can proceed to compound the offence even after recording of conviction.
The single-judge bench of Justice Sandeep Sharma was dealing with a Revision Petition filed by a convict under Section 138 of the NI Act who was aggrieved by his conviction and subsequent dismissal of appeal by the Sessions Court while he had agreed to pay the amount due and settle the matter.
He thus prayed for his acquittal and compunding of the offences he was sentenced under.
The Court alread, via an order passed in July had suspended the substantive sentence imposed upon him by learned trial Court, subject to depositing 50% of compensation amount within four weeks and furnishing personal bond in the sum of Rs. 10,000/- with one surety amount. However, the aforesaid order never came to be cpomplied with.
Later in that month, Learned Counsel for the petitioner apprised the court that a sum of Rs.1,34,000/- stands paid to the complainant whereas, remaining amount of Rs. 1,66,000 shall be paid by the accused on or before next hearing.
During the present hearing, learned counsel for the petitioner, on the instructions of accused, who is present in court, stated that Rs. 2,34,000/- stands paid to the complainant, whereas Rs. 66,000/- lying deposited in the court of learned Additional Chief Judicial Magistrate can be ordered to be released in favour of the complainant. He stated that since the amount awarded by learned trial Court has been agreed to be paid to the complainant, the court, while exercising power under S.147 of the Act may compound the offence and acquit the accused of the charges framed against him under Section-138 of the Act.
The Court agreed to the contention and opined that it sees no impediment in accepting the prayer made on behalf of the accused in the petition for compounding of offence under S. 147 of the Act while referring to the ruling in Damodar S.Prabhu Vs. Sayed Babalal H., 2010 Latest Caselaw 332 SC.
Accordingly, the impugned order was set aside and offences were counponded.
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