Facts
The applicant (original accused) was convicted by the Additional Civil Judge and JMFC, Jambusar, in Criminal Case No. 559 of 2014 for an offence under Section 138 of the Negotiable Instruments Act
Source reference: p. 2This conviction was subsequently confirmed by the Additional Sessions Judge, Bharuch, in Criminal Appeal No. 56 of 2017 on 25.09.2018
Source reference: p. 2The applicant challenged these orders via the present Revision Application.
Source reference: p. 2During the pendency of the revision, the High Court suspended the sentence on the condition of depositing 30% of the cheque amount
Source reference: p. 2Subsequently, the parties entered into an amicable settlement, and the disputed cheque amount was realized by the complainant
Source reference: p. 2Issues
1. Whether the Court should exercise its power to compound the offence under the Negotiable Instruments Act in light of a post-conviction settlement between the parties
Source reference: p. 3Law Applied
The Court applied Section 147 of the Negotiable Instruments Act, 1881, which prescribes that every offence punishable under the Act shall be compoundable
Source reference: p. 3It also operated under the revisional jurisdiction defined by Sections 397 and 401 of the Code of Criminal Procedure, 1973
Source reference: p. 1Reasoning
The Court noted that the matter was settled amicably between the parties during the final hearing stage
Source reference: p. 2The respondent No. 2 (original complainant), appearing via virtual mode, confirmed the voluntary nature of the settlement and stated that no grievance remained regarding the disputed cheque
Source reference: p. 3An affidavit filed by the complainant's wife further supported the fact of realization of the dues
Source reference: p. 2-3Since Section 138 of the N.I. Act is primarily a civil wrong cloaked in a criminal nature, the Court found it fit to exercise its discretionary power under Section 147 to compound the offence, effectively nullifying the need for further incarceration or criminal proceedings
Source reference: p. 3Holding
The High Court allowed the revision application and compounded the offence under Section 138 of the N.I. Act
The judgment and order dated 25.09.2018 passed by the Addl. Sessions Judge, Bharuch, and the judgment dated 28.07.2017 passed by the JMFC, Jambusar, were quashed and set aside
Source reference: p. 3-4The applicant was acquitted of the charges following the compounding of the matter
Source reference: p. 4Original Court PDF
IMRAN BASHIRBEG MIRZAvsSTATE OF GUJARAT
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