9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (7) TMI 878 - HC - Indian LawsDishonour of Cheque - permission to compound the offence - matter settled between the parties - HELD THAT - Keeping in view the fact that parties to the lis have compounded the offence, which is permissible under the provisions of the N.I. Act, the present petition is allowed by setting aside the impugned judgment of conviction and order of sentence, referred to above and accused is acquitted from the offence, punishable under Section 138 of the N.I. Act, subject to payment of 10% of the cheque amount, as compounding fee. The amount shall be deposited by the accused with the Secretary, H.P. State Legal Service Authority, within two months from today, failing which the revision petition shall be deemed to have been dismissed. The present Revision Petition is allowed.
Issues involved:
- Application u/s 147 of the Negotiable Instruments Act - Compounding of the offence under Section 138 of the N.I. Act - Revision petition against the judgment of conviction and order of sentence Application u/s 147 of the Negotiable Instruments Act: The petitioner filed an application u/s 147 of the Negotiable Instruments Act seeking permission to compound the offence. The respondent had no objection to the application, and it was ordered to be taken on record. Compounding of the offence under Section 138 of the N.I. Act: The petitioner had filed a revision petition against the judgment of conviction and order of sentence passed by the trial court. The appellate court had modified the sentence, reducing the imprisonment and compensation amount. The present revision petition was allowed as the matter had been compromised by the parties. The respondent confirmed in court that the matter had been settled, he had received the settled amount, and nothing was due against the accused. The respondent had no objection to setting aside the impugned judgment and order of sentence. The petition was allowed, and the accused was acquitted from the offence under Section 138 of the N.I. Act upon payment of 10% of the cheque amount as a compounding fee. Revision petition against the judgment of conviction and order of sentence: The petitioner, aggrieved by the judgment of conviction and order of sentence passed by the trial court, had filed a revision petition. The appellate court had partially modified the sentence, reducing the imprisonment and compensation amount. The present revision petition was allowed as the matter had been compromised by the parties. The accused was acquitted from the offence under Section 138 of the N.I. Act upon payment of 10% of the cheque amount as a compounding fee. The bail bonds furnished by the accused were ordered to be discharged, and the record of the trial court was to be sent back.
|
