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2004 Supreme(SC) 799

B. C. SESHADRI – Appellant
Versus
B. N. SURYANARAYANA RAO – Respondent


( 1 ) HEARD learned counsel for the parties. Leave granted.

( 2 ) THE appellant before us was convicted by the XIIIth Additional Chief Metropolitan Magistrate, Bangalore for an offence punishable under S. 138 of the Negotiable Instruments Act, 1881 and was sentenced to pay a fine of Rs. 20,000. 00 and in default to pay the same, to undergo simple imprisonment for four months.

( 3 ) THE appeal filed against the said judgment of the trial court was dismissed by the 1st Additional Sessions Judge, Bangalore and a criminal revision petition filed under S. 482 of the CPC was partly allowed by the High Court which held that the appellant should pay a fine twice the cheque amount, in default the appellant to undergo simple imprisonment for a period of one year. It is the said order of the High Court that is challenged in this appeal.

( 4 ) DURING the pendency of this appeal the parties have settled their dispute which is recorded by this Court by order dated 18/8/2003. Now the appellant seeks for the compounding of the said offence. In view of the provision of S. 147 of the Negotiable Instruments Act, 1881 this Court in the case of Anil Kumar Haritwal v. Alka Gupta has held that such a com

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