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(2022) Law Today Live Doc. Id. 17146 = 2022(2) L.A.R. 310
Decided on: 25.04.2022
For Petitioner(s):
Mr. Ajay Marwah, AOR Mr. Karan Thakur, Adv. Mr. Tapan Masta, Adv. Mr. Ayush Gupta, Adv. Ms. Adhity Srinivasan, Adv.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 -- Compromise after conviction – Compounding of offence -- Cheque amount paid -- No one appeared to oppose the application on behalf of the private respondent, in spite of service of notice -- Since amount of both the dishonoured cheques (each of Rs.1,00,000/-) has been paid and the disputes have been compromised, the offence may be compounded -- Sentence of imprisonment of the petitioner set aside.
(Para 1, 2)
ORDER
1. No one has appeared to oppose this application on behalf of the private respondent, in spite of service of notice.
2. After the conviction of the petitioner under Section 138 of the Negotiable Instruments Act, there was a compromise between the parties and the amount of the cheques were duly paid. As recorded in the order dated 13.03.2020 of the Chief Judicial Magistrate, Kullu in CMA 564/2019, the private respondent has, on oath, given a statement of having received Rs.1,00,000/- from the accused and that nothing remains to be recovered from the accused. This Court, by its order dated 15.02.2021, allowed the application of the petitioner for exemption from surrendering noting that the private respondent had received Rs.1,00,000/-. However, reference was made to the statement of the private respondent before the Chief Judicial Magistrate on 13.03.2020 and not to the order of the CJM in CMA 564/2019 referred to above. Since amount of both the dishonoured cheques (each of Rs.1,00,000/-) has been paid and the disputes have been compromised, the offence may be compounded. The sentence of imprisonment of the petitioner is set aside.
3. The special leave petition is disposed of accordingly.
4. Pending applications, if any, stand disposed of.
Order accordingly.
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