Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (11) TMI 450 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - compounding of offence - consensus ad idem - terms of compromise complied with or not - Section 147 of the Negotiable Instruments Act, 1881 read with Section 320 (6) Cr.P.C. - HELD THAT:- It is apparent that both the contesting parties are ad idem that the compromise has been effected between the parties without any pressure, threat or undue influence and the terms of the said compromise have been duly complied with. The compromise would go a long way in maintaining the peace and harmony between the parties and thus, a prayer has been made to the Court for compounding the offence in terms of Section 147 of the Negotiable Instruments Act, 1881 read with Section 320 (6) Cr.P.C. Since the offence relating to dishonour of cheque has a compensatory profile and is required to have precedence over punitive mechanism, therefore, the present revision petition deserves to be allowed. It is also relevant to state that the petitioner has already undergone custody of 02 months and 20 days out of the total sentence of 01 year and 06 months of rigorous imprisonment - the judgment of conviction and order of quantum of sentence passed by the Judicial Magistrate Ist Class, Panipat, and the Additional Sessions Judge, Panipat, respectively, are set aside. The petitioner is directed to deposit an amount of ₹ 60,000/-, being 15% of the cheque amount, with the Haryana State Legal Services Authority within a period of three weeks from the date of receipt of certified copy of this judgment - Petition disposed off.
|