SUPREME COURT OF INDIA
Criminal Appeal No. 2210 of 2024 (Arising Out of SLP (Crl) No. 629 of 2023)
Raj Reddy Kallem…………Appellant
Vs.
The State of Haryana & Anr………….Respondents
A.S. Bopanna & Sudhanshu Dhulia, JJ.
Decided on : 08/04/2024
Negotiable Instruments Act, 1881
Sections 138 & 147—Dishonour of cheque—Consent for compounding of offence—Requirement—In cases of Section 138 of NI Act, the accused must try for compounding at the initial stages instead of the later stage, however, there is no bar to seek the compounding of the offence at later stages of criminal proceedings including after conviction—Even though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter—Mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the NI Act—But the peculiar facts of case that the appellant has already been in jail for more than one year before being released on bail and has also compensated the complainant—Further in compliance with the order of court, the appellant has deposited an additional amount of rupees ten lacs—As far as FIR case under Sections 406, 420, 120B of IPC against appellant is concerned, no merit found in the allegations that appellant from the very beginning had intention of cheating the complainant—Appellant failed to procure and supply the ‘machine’ even after taking the advance money from the complainant but there is nothing on record to show that he appellant had any ill intention of cheating or defrauding the complainant from the very inception—Transaction between the parties was purely civil in nature which does not attract criminal law in any way—Even though complainant is unwilling to compound the case but, considering the totality of facts and circumstances of case, these proceedings must come to an end—Quashing of a case is different from compounding—Impugned order of High Court is set aside and all criminal proceedings qua appellant are quashed—Pending criminal appeals filed by appellant against his conviction are also quashed—Conviction and sentence awarded to appellant by the trial court are set aside—Appeal allowed.
Vanya Bajaj Advocate
