Madhya Pradesh High Court
Vaibhav Handa vs Puispendra Singh on 8 May, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 8 th OF MAY, 2023
CRIMINAL REVISION No. 16 of 2023
BETWEEN:-
VAIBHAV HANDA S/O LATE SHRI S.D. HANDA, AGED ABOUT 46
YEARS, OCCUPATION: BUSINESS R/O MUKHITYARGANJ SATNA
AT PRESENT R/O NEHA HANDA BUILEING, FLAT NO. F 5 MASTER
PLAN, CIVIL LINE SATNA DISTRICT SATNA (MADHYA PRADESH)
.....PETITIONER
( SHRI KRISHNA KESHAV SINGH - ADVOCATE)
AND
PUISPENDRA SINGH S/O SHRI RAMBHAN SINGH R/O BHAD POST
RAMPUR CHAURASI POLICE SATION CIVIL LINE AT PRESENT
RERSIDENT AT OPPOSITE GENIUS SCHOOL, GALI NO. 2 SDHIV
COLONY SIDDHARTH NAGAR SATNA DISTRICT SATNA
(MADHYA PRADESH)
.....RESPONDENT
( SHRI HARSHARAN VERMA - ADVOCATE)
This revision coming on for admission this day, the court passed the following:
ORDER
This revision has been filed against the appeal judgment dated 27.12.2022 passed
by 1st Additional Sessions Judge, Satna in Cr.A. No.56/2021 (Vaibhav Handa Vs.
Puispendra Singh) under Section 138 of Negotiable Instruments Act (in short 'the Act'),
whereby judgment of conviction and order of sentence dated 8.9.2021 passed in
S.C.N.I.A./785/2013 (Puispendra Singh Vs. Vaibhav Handa) by Shri Ramprasad Singh,
JMFC, Satna has been affirmed and the appeal preferred by the applicant/accused has
been dismissed.
2. In brief the facts of the case as emerged from the record are that
respondent/complainant instituted a complaint under Section 138 of the Act in the Court
of learned JMFC, Satna alleging therein that applicant issued a Cheque for Rs.10,50,000/-
. When the cheque was presented in the bank, it stood dishonored. Applicant/accused
failed to make the payment despite service of notice within time. Respondent/
complainant filed complaint before the Court of JMFC for commission of offence under
Section 138 of the Act.
3. Learned trial Court on the basis of material produced on record by the parties
vide judgment dated 8.9.2021 held the applicant/accused guilty for commission of
offence under Section 138 of the Act and sentenced him to 06 months RI and also
directed to pay compensation of Rs.8,79,112- and cheque amount Rs.10,50,000/- i.e.
total amount Rs.19,29,112/-.
4 . Being aggrieved and dissatisfied with the aforesaid judgment of conviction
recorded by the learned JMFC, applicant/accused preferred an appeal before the Court
of Session. Learned 1st ASJ Satna dismissed the same by the impugned judgment dated
27.12.2022 and affirmed the judgment of conviction and sentence as recorded by the
learned JMFC.
5. Before this Court, parties filed a compromise application under Section 147 of
N.I. Act, 1881, praying therein to compound the offence and as such this Court while
exercising power under Section 147 of the Act, may compound the offence and acquit
the accused. Counsel for the parties appeared before this Court and respondent/
complainant Puispendra Singh has admitted that he has received the entire amount from
t h e applicant/accused and they have amicably settled the matter. Counsel for the
applicant and respondent were directed to remain present before the Registrar (J-II) of
this Court for verification of compromise. Registrar (J-II) after recording statement of
complainant / respondent- Puispendra Singh has submitted its verification report and as
per the report, parties have entered into compromise on their own free will and volition.
Therefore, compromise appears to be genuine. Even before this Court, it has been
admitted by complainant/ respondent that he has entered into compromise with the
applicant and has received entire amount and entered compromise without any external
pressure. Therefore, he has no objection in compounding of the offence.
6. Under Section 147 of the Negotiable Instruments Act, every offence
punishable under that Act has been made compoundable.
7. Therefore, having taken into consideration the fact that entire amount of
compensation stands paid or agreed to be paid to the respondent/complainant and parties
have amicably settled their dispute, this Court see no obstruction in allowing the prayer
made on behalf of the applicant for compounding of offence while exercising power
under Section 147 of the Act.
8. It is also noteworthy that in terms of guidelines issued by Hon'ble Supreme
Court in Damodardas S. Prabhu Vs. Sayed Babalal H, reported in (2010) 5
SCC 663, applicant/accused has deposited Rs.10,57,500/- i.e. 15% of the cheque
amount before M.P. State Legal Services Authority on 2.5.2023 and receipt of the same
has been filed in the Court. In that case, it has been categorically held that Court while
exercising power under Section 147 of the Act, can proceed to compound the offence
even after recording of conviction by the Courts below.
9. Consequently, in view of the above, compromise application under Section 147
of Negotiable Instruments Act, is allowed and impugned judgment of conviction and
order of sentence dated 27.12.2022 passed in Criminal Appeal No.56/2021 (Vaibhav
Handa Vs. Puispendra Singh) affirming the impugned judgment of conviction and order
of sentence dated 8.9.2021 passed by Shri Ramprasad Singh, JMFC, Satna in SC NIA
No.785/2013 (Puispendra Singh Vs. Vaibhav Handa) is quashed a n d judgment of
conviction and sentence passed by the Courts below are set aside.
10. Applicant/accused Vaibhav Handa is acquitted of the offence under Section
138 of the Act. Applicant is in jail. Therefore, Superintendent Central/District Jail Satna is
directed to release applicant Vaibhav Handa in this case forthwith, if he is not required in
any other case.
11. Trial Court record along with copy of this order be sent down to Court
concerned through Sessions Judge, Satna, for necessary compliance.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
DEEPA
Digitally signed by DEEPA MISHRA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,
ou=JUDICIAL, postalCode=482001, st=Madhya
Pradesh,
2.5.4.20=3ece46b8e3ea2cc1fa35126c71ddf298e1
0aaedd7345a5efb4e2a1a8a88446bf,
MISHRA
pseudonym=EDBA3C23FD7AA0D583DA5AD375
5C3F37152C1CC0,
serialNumber=E5AB7E7C0015E02D05F4525962F
1C483E415D288FB5C7C2082F662F2BB495B44,
cn=DEEPA MISHRA
Date: 2023.05.09 17:21:55 +05'30'
