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2002 Supreme(SC) 828

Supreme Court Of India
NAMBIRAM VEETIL POCKER
Versus
STATE OF KERALA
Decided on : August 19, 2002

Headnote:

Negotiable Instruments Act, 1881 - Section 138 - Compounding of offence-The appellant already entered into a compromise with the complainant and the complainant stated, that the entire money had been received and he had no objection if the conviction is set aside-In the circumstances of the case, since the parties had amicably resolved the dispute and payment already made, sentence reduced to the period already undergone . [Paras 2 and 3]

( 1 ) LEAVE granted.

( 2 ) IT appears that the appellant has already entered into a compromise with the complainant and the complainant appearing through the learned advocate states, on instructions, that the entire money has been received and he has no objection if the conviction recorded stands set aside.

( 3 ) WE are, however, not impressed with the submissions that Section 138 of the Negotiable Instruments Act, 1881 be treated as compoundable offence, though, however, we feel it expedient to record that since the parties have amicably resolved the dispute and payment has already been made, sentence already undergone would be sufficient punishment for the offender. As such, the sentence is reduced to the period already undergone by the appellant. The appeal stands disposed of accordingly. His bail bonds shall stand discharged.

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