The high court compounded a cheque dishonour case and quashed a connected FIR alleging IPC offences after the parties settled the dispute outside court, prioritizing peace over strict legal classification of offences.
Case under N.I. Act compounded; Sessions order set aside; FIR under IPC sections 367, 307, 386, 387, 34 quashed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.630 of 2017
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Rajendra Nonia … … Petitioner
Versus
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Alakhdeo Nonia @ Alakhdeo Chauhan … … Petitioner Versus 1. The State of Jharkhand … … 2. Rajender Nonia Opposite Parties
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mrs. J. Mazumdar, Adv. [In Cr. Rev. No.630/17] Mr. Rajesh Kumar, Adv. [In Cr. M.P. No.2245 /16] For the State : Mr. Ravi Prakash, Spl.P.P. For the O.P. No.2 : Mr. Rajesh Kumar, Adv. [In Cr. Rev. No.630/17] Mr. Sanjay Kumar, Adv. [In Cr. M.P. No.2245 /16]
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
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06/17.08.2021: It has been submitted by the learned counsel for the petitioners that there was money transaction between the parties and for this purpose a cheque has been issued. Due to dishonour of the cheque, the case has been instituted which has been registered as C.P. Case No.467 of 2015 (T.R. No.1963 of 2016), wherein Rajender Nonia (Petitioner in Cr. Rev. No.630 of 2017) has been convicted and sentenced for simple imprisonment of six months and compensation amount of Rs.4,50,000/in favour of the complainant namely Alakhdeo Nonia @ Alakhdeo Chouhan. This order of conviction has been upheld by the appellate court in Cr. Appeal No.149 of 2016 and against the said order, the present revision application being Cr. Rev. No.630 of 2017 has been filed.
Two I.As. have been filed in the present revision, being I.A. No.2247 of 2021 for exemption from surrender and I.A. No.9370 of 2018 bringing on record the compromise between the parties wherein the issue has been settled outside the court. It has been submitted by the learned counsel for the petitioners that the offence is compoundable
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under Section 147 of N.I. Act and as such, the case may accordingly be compounded.
An FIR by the petitioner of Cr. Rev. No.630 of 2017 being Baghmara (Barora) P.S. Case No.101 of 2015 dated 02.04.2015 has been lodged for the offence under sections 367, 307, 386, 387 and 34 of the Indian Penal Code, which is pending in the court of the learned S.D.J.M, Dhanbad, now at the stage of investigation arising out of same dispute.
It has been submitted by the counsel of both sides that there is a case and counter case and both sides had settled the dispute outside the Court peacefully. Further, the money transaction has taken place which was the cause of the dispute between the parties.
In view of above facts, it has been submitted that for maintaining peace between the parties, the case under the N.I. Act may be compounded and further the First Information Report being FIR No. 101 of 2015 may be quashed.
Considering the submission of the parties and the nature of dispute and further settlement of the dispute outside the Court, this Court finds that although the offence alleged in the FIR is not compoundable, but still to maintain the peace between the parties it is necessary to quash the impugned FIR.
Accordingly, case being Cr. Appeal No.630 of 2017 is, hereby, compounded. Consequently, the order dated 10th of February, 2017 passed by Sessions Judge, Dhanbad in Criminal Appeal No.149 of 2016 is, hereby, set aside.
Further, the FIR being Baghmara (Barora) P.S. Case No.101 of 2015 dated 02.04.2015 instituted under sections 367, 307, 386, 387 and 34 of the Indian Penal Code is, hereby, quashed.
In the result, both the cases stands allowed.
I.A. Nos.2247/2021, 9370/2018 (In Cr. Revision No.630 of 2017) & I.A. No.9339/2018 (in Cr.M.P. No.2245 of 2016) stand disposed of.
(Rajesh Kumar, J.)
Amar/-
2 issues framed by the court
Whether a cheque dishonour case registered under the Negotiable Instruments Act can be compounded despite the FIR alleging non-compoundable offences.
Whether an investigation FIR based on the same dispute as a compoundable cheque case should be quashed to maintain peace.
1 provisions across 1 enactments
Rajendra Nonia
The State of Jharkhand
Alakhdeo Nonia
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
