Punjab-Haryana High Court
Surjit Singh Chugh vs Jaspal Singh on 8 April, 2024
Neutral Citation No:=2024:PHHC:048691
CRR-3660-2015 (O&M) -1 2024:PHHC:048691
243 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-3660-2015 (O&M)
Date of Decision:08.04.2024
Surjit Singh Chugh ...Petitioner
Vs.
Jaspal Singh (since deceased ) through LRs ...Respondent
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present: Mr. Pankaj Bhardwaj, Advocate
for the petitioner.
Mr. Ramdeep Partap Singh,Advocate
for the respondents.
***
N.S.Shekhawat J.
1. The petitioner has filed the present revision petition before this Court with a prayer to quash the impugned judgment of conviction and order of sentence dated 08.11.2012 passed by the Court of Judicial Magistrate Ist Class, Amritsar, whereby the present petitioner was ordered to be convicted for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the "Act") and was sentenced to undergo RI for a period of two years and to pay a fine of Rs.1000/-, along with default stipulation and also against the judgment dated 18.09.2015 passed by the Court of Additional Sessions Judge, Amritsar, whereby the appeal filed by the petitioner was ordered to be dismissed.
2. During the pendency of the proceedings, Jaspal Singh, complainant had expired and his legal representatives impleaded as respondents in the present case.
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3. The petitioner as well as the respondents were related to each other and had compromised the matter. Consequently, on 04.10.2023, the following order was passed:-
"Learned counsel for the petitioner submits that the dispute was between the family members and the matter has been compromised. The double of the cheque amount was paid to the respondent. Petitioner has no regular source of income, however to show his bonafide petitioner is ready to deposit 10% of the cheque amount as fine in pursuance of the decision of the Supreme Court in Damodar S. Prabhu V. Sayed Babalal H.,2010 (5) SCC.
The prayer is accepted.
Let the petitioner deposit 10% of the cheque amount within two weeks."
4. Learned counsel appearing on behalf of the petitioner submits that since the parties have compromised the matter and the petitioner has already paid double of the cheque amount to the respondent, the parties may be allowed to compound the offences and the petitioner may be ordered to be acquitted of the notice of accusation in the present case.
5. In reply, learned counsel appearing on behalf of the respondent also submits that the legal representatives of the complainant have already received the amount, as mentioned in the order dated 04.10.2023 passed by this Court. Consequently, they have no objection, in case the offence is ordered to be compounded by this Court and the petitioner is ordered to be acquitted.
6. I have heard the learned counsel for the parties and with their able assistance, I have gone through the record carefully.
7. The Hon'ble Supreme Court has held in the matter of Damodar S. Prabhu Vs. Sayed Babalal H., AIR 2010 (SC) 1907: 2010(2) RCR (Criminal 2 of 6 ::: Downloaded on - 20-04-2024 03:50:05 ::: Neutral Citation No:=2024:PHHC:048691 CRR-3660-2015 (O&M) -3 2024:PHHC:048691
851) as follows:-
15. With regard to the progression of litigation in cheque bouncing cases, the learned Attorney General has urged this Court to frame guidelines for a graded scheme of imposing costs on parties who unduly delay compounding of the offence. It was submitted that the requirement of deposit of the costs will act as a deterrent for delayed composition, since at present, free and easy compounding of offences at any stage, however belated, gives an incentive to the drawer of the cheque to delay settling the cases for years. An application for compounding made after several years not only results in the system being burdened but the complainant is also deprived of effective justice. In view of this submission, we direct that the following guidelines be followed:-
THE GUIDELINES
(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
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(d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount.
Let it also be clarified that any costs imposed in accordance with these guidelines should be deposited with the Legal Services Authority operating at the level of the Court before which compounding takes place. For instance, in case of compounding during the pendency of proceedings before a Magistrate's Court or a Court of Sessions, such costs should be deposited with the District Legal Services Authority. Likewise, costs imposed in connection with composition before the High Court should be deposited with the State Legal Services Authority and those imposed in connection with composition before the Supreme Court should be deposited with the National Legal Services Authority.
16. We are also in agreement with the Learned Attorney General's suggestions for controlling the filing of multiple complaints that are relatable to the same transaction. It was submitted that complaints are being increasingly filed in multiple jurisdictions in a vexatious manner which causes tremendous harassment and prejudice to the drawers of the cheque. For instance, in the same transaction pertaining to a loan taken on an installment basis to be repaid in equated monthly installments, several cheques are taken which are dated for each monthly installment and upon the dishonor of each of such cheques, different complaints are being filed in different courts which may also have jurisdiction in relation to the complaint. In light of this submission, we direct that it should be mandatory for the complainant to disclose that no other complaint has been filed in any other court in respect of the same transaction. Such a 4 of 6 ::: Downloaded on - 20-04-2024 03:50:05 ::: Neutral Citation No:=2024:PHHC:048691 CRR-3660-2015 (O&M) -5 2024:PHHC:048691 disclosure should be made on a sworn affidavit which should accompany the complaint filed under Section 200 of the CrPC. If it is found that such multiple complaints have been filed, orders for transfer of the complaint to the first court should be given, generally speaking, by the High Court after imposing heavy costs on the complainant for resorting to such a practice. These directions should be given effect prospectively.
17. We are also conscious of the view that the judicial endorsement of the above quoted guidelines could be seen as an act of judicial law-making and therefore an intrusion into the legislative domain. It must be kept in mind that Section 147 of the Act does not carry any guidance on how to proceed with the compounding of offences under the Act. We have already explained that the scheme contemplated under Section 320 of the CrPC cannot be followed in the strict sense. In view of the legislative vacuum, we see no hurdle to the endorsement of some suggestions which have been designed to discourage litigants from unduly delaying the composition of the offence in cases involving Section 138 of the Act. The graded scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the Court is spent on the trial of these cases and the parties are not liable to pay any Court fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the private parties. Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in the interest of uniformity. The competent Court can of course reduce the costs with regard to the specific facts and circumstances of a case, while recording reasons in writing for such variance. Bona fide litigants should of course contest the proceedings to their logical end. Even in the past, this Court has used its power to do complete justice under Article 142 of the Constitution to frame guidelines in relation to subject-matter where there was a legislative vacuum.
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8. In the present case also, the respondent had initiated the criminal prosecution of the petitioner on the ground of dishonour of cheque, however, now it is apparent that the amount equal to double of the cheque has been paid to the respondent and learned counsel appearing on behalf of respondent has also made a statement that the offence may be ordered to be compounded. Consequently, by invoking the powers of this Court under Section 147 of the "Act" read with Section 482 Cr.P.C, the parties are allowed to compound the offences and the petitioner is ordered to be acquitted of the notice of accusation.
9. The present petition is allowed and the impugned judgment of conviction and order of sentence dated 08.11.2012 passed by the Court of Judicial Magistrate Ist Class, Amritsar and the judgment dated 18.09.2015 passed by the Court of Additional Sessions Judge, Amritsar are hereby ordered to be set aside.
10. The petitioner is also directed to deposit an amount of Rs.15,000/- i.e. equal to 10% of the cheque amount within a period of 02 months with Punjab State Legal Services Authority, if not already deposited. In case, the amount is not deposited with the Punjab State Legal Services Authority within a period of 02 months, the present petition shall be deemed to be dismissed.
11. All other pending applications if any, are also disposed off, accordingly.
(N.S.SHEKHAWAT)
08.04.2024 JUDGE
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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