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2023 Supreme(SC) 574
SUPREME COURT OF INDIA
Vikram Nath, Sanjay Kumar, JJ.
R. Varatharajan - Appellant
Versus
Ramasamy - Respondent
Criminal Appeal No 1698 of 2023 (Arising out of SLP (Crl) No 7204 of 2023 @ SLP (Crl) Diary No 21728 of 2023) With Criminal Appeal No 1699 of 2023 (Arising out of SLP (Crl) No 7205 of 2023 @ SLP (Crl) Diary No 21726 of 2023)
Decided On : 05-06-2023
Advocate Appeared:
For the Petitioner: Mr. T. Harish Kumar, AOR, Mr. Navneet Dugar, Adv., Mr. Subham Kothari, Adv.
For the Respondent: Ms. Priya, Adv., Mr. Raghunatha Sethupathy B, AOR
IMPORTANT POINT
Offence of dishonour of cheque can be disposed of in terms of settlement between parties.
Headnote:
Negotiable Instruments Act 1881 – Sections 138 and 147 – Dishonour of cheque – Conviction and sentence – Settlement between parties – Balance amount of fine has since been paid to respondents – In case relief is granted to appellant, respondents will have no objection as outstanding amount has already been received by them – Conviction and sentence under Section 138 of Negotiable Instruments Act set aside. (Paras 4, 5, 6, 7 and 8)
Facts of the case:
In both appeals, the appellant has been convicted under Section 138 of Negotiable Instruments Act 1881, and such conviction has been held up to the High Court. However, after judgment of High Court, parties have entered into a settlement and the balance amount of fine has since been paid to the respondents, which Counsel appearing on behalf of respondents acknowledges.
Findings of Court:
Appellant is in custody in both the cases. He shall be released forthwith if not required in any other case.
Result : Appeals allowed.
ORDER :
1. Delay condoned.
2. Leave granted.
3. Heard learned counsel appearing on behalf of the appellant and learned counsel for the respondents on caveat.
4. In both the appeals, the appellant has been convicted under Section 138 of the Negotiable Instruments Act 1881, and such conviction has been held up to the High Court. However, after the judgment of the High Court, the parties have entered into a settlement and the balance amount of fine has since been paid to the respondents, which the learned counsel appearing on behalf of the respondents acknowledges.
5. Learned counsel for the respondents further submits that she has instructions to state that in case relief is granted to the appellant, the respondents will have no objection as the outstanding amount has already been received by them.
6. Considering the facts and circumstances of the case and the settlement arrived at between the parties as recorded above, we allow the appeals and set aside the conviction and sentence under Section 138 of the Negotiable Instruments Act.
7. The appellant is in custody in both the cases. He shall be released forthwith if not required in any other case.
8. The appeals are accordingly allowed.
9. Pending applications, if any, stand disposed of.
