Back
H. B. PRABHAKARA SASTRY
K. S. Umashree – Appellant
Versus
M. G. Suresh – Respondent
JUDGMENT/ORDER
1. The present revision petition has been filed by the accused, challenging the judgment of conviction and order on sentence passed by the learned XIII Additional Chief Metropolitan Magistrate, Bengaluru (hereinafter for brevity referred to as "the Trial Court") in C.C.No.14347/2016, holding the accused as guilty for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the "N.I. Act"), which was further confirmed by the Court of the learned LVIII Additional City Civil and Sessions Judge (CCH-59), Bengaluru City, (hereinafter for brevity referred to as "the Sessions Judge's Court") in the appeal filed by her. Challenging the impugned judgments of conviction and order on sentence passed by both the Courts, the petitioner/accused has filed the present revision petition.
2. Learned counsels from both side along with their respective clients, as identified by their learned counsels, are physically present in the Court.
3. Learned counsels from both side have filed a joint application - I.A.No.3/2022, under Sec. 147 of the N.I. Act, and also the independent affidavits of the revision petitioner/accused and the
Compounding of the offence under Sec. 147 of the N.I. Act and the requirement for the accused to pay graded cost as per Damodar S. Prabhu v. Sayed Babalal H.
The court applied the principle of compounding the offence under Section 147 of the N.I. Act and the requirement of paying graded cost as per the guidelines set by the Supreme Court in Damodar S. Pra....
Compounding of the offence under Sec. 138 of the N.I. Act and the payment of graded cost by the accused.
Compounding of the offence under Section 138 of the N.I. Act is permitted, subject to the payment of graded cost as per the guidelines laid down by the Supreme Court.
Court allows compromise in cheque dishonor cases, emphasizing compensatory nature of proceedings, enabling discharge of accused on satisfactory compensation, and imposing costs where applicable.
Compounding of the offence under Section 138 of the N.I. Act and the imposition of costs for delayed composition.
The court recognizes the ability to compound offences under the Negotiable Instruments Act upon settlement between parties, emphasizing the need for timely resolution.
Amicable settlement allows compounding of offenses under Section 138 of the Negotiable Instruments Act, leading to acquittal of the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
