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SUPREME COURT OF INDIA
L. Nageswara Rao, Mohan M Shantanagoudar, JJ.
Chintapalli Sambasiva Rao - Appellant
Versus
Kukka Jagan Mohan Rao & Anr. - Respondents
Criminal Appeal No. 123 of 2019; Diary No. 4815 of 2018
Decided On : 21-01-2019
Compounding - Negotiable Instruments Act, 1881 - The court allowed the application for compounding of the offence under Section 138 of the NI Act, as the parties had settled the matter, leading to the setting aside of the conviction and sentence.
Fact of the Case:
The appellant was convicted and sentenced by the Trial Court, with the conviction being upheld by the Appellate Court. The appellant then filed a Criminal Revision Case in the High Court, which was dismissed, leading to the appeal before the current court.
Finding of the Court:
The court allowed the application for compounding of the offence under Section 138 of the NI Act, set aside the conviction and sentence, and disposed of the criminal appeal.
Issues: Conviction and sentence under Section 138 of the NI Act, application for compounding of the offence.
Ratio Decidendi: The court's decision was influenced by the settlement between the parties, leading to the allowance of the application for compounding and the setting aside of the conviction and sentence.
Final Decision: The application for compounding was allowed, leading to the setting aside of the conviction and sentence under Section 138 of the NI Act, and the disposal of the criminal appeal.
ORDER
1. Leave granted.
2. The Trial Court vide judgment and order dated 25.05.2015 convicted and sentenced the appellant to undergo simple imprisonment for a period of one year and to pay a fine of Rs.10,10,000/- and in default to suffer simple imprisonment for a period of three months.
3. The conviction and sentence of the appellant was upheld by the Appellate Court. The fine was modified by reducing the amount from Rs.10,10,000/- to Rs.10,000/-.
4. Aggrieved by the order of the Appellate Court, the appellant preferred a Criminal Revision Case in the High Court. The High Court by its judgment and order dismissed the Criminal Revision Case.
5. Aggrieved by the order of the High Court, the appellant is before us in this appeal.
An application has been filed by the appellant under Section 147 of the Negotiable Instruments Act, 1881 (for short "the NI Act") for compounding of offence under Section 138 of the NI Act. We are of the opinion that this application deserves to be allowed in the facts and circumstances of the case.
The parties have settled the matter and we see no reason to keep this matter pending. The application is allowed.
The conviction and sentence under Section 138 of the NI Act is set aside.
The criminal appeal is disposed of in view of the above.
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