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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
Varsha W/o Tukaram Joshi – Appellant
Versus
Sandeep S/o Jugalkishor Karwa – Respondent
JUDGMENT :
[Y. G. KHOBRAGADE, J.]
1. Rule. Rule made returnable forthwith. With consent of both the parties, heard finally at the stage of admission.
2. By the present Petition, the Petitioners have challenged the Judgment and order dated 20.12.2022 passed by the learned Additional Sessions Judge, Court No.8 Aurangabad in Criminal Revision No. 228 of 2022, thereby affirmed the order dated 21.07.2022 below Exh.76 in SCC No. 4979 of 2015 passed by the learned JMFC Court No.11, Aurangabad.
3. The Petitioner is the original accused and Respondent is the original Complainant in SCC No. 4979 of 2015. For the sake of brevity, I would like to refer parties to the present Petition in their original capacity as “Complainant” and “Accused”.
4. The Complainant filed a Criminal complaint SCC No. 4979 of 2015 for the offence punishable under Section 138 of the N.I. Act alleging that, on 06.06.2015, the Accused issued two cheques Nos. 031165 and 031166 amount of Rs.1,00,000/- (One lakh) each in his favour drawn on Bank of Baroda, Aurangabad for discharging legal liabilities. Accordingly, he deposited both the cheques with his banker HDFC Bank Padampura Station Road, Aurangabad, however, both the chequ
The court held that a settlement payment can constitute compounding of an offence under Section 138 of the N.I. Act, allowing for the quashing of the complaint even without the complainant's consent.
Dishonour of cheque – Compounding of offence – Consent is not mandatory in compounding of offences under Section 138 of NI Act.
(1) Offence of dishonour of cheque is fully compoundable.(2) Generally, powers available under Section 482 of Cr.P.C. would not be exercised when a statutory remedy under law is available.
Generally the powers available under Section 482 of the Code would not have been exercised when a statutory remedy under the law is available, however considering the peculiar set of facts and circum....
Compounding of offences under Section 138 of the Negotiable Instruments Act can be permitted at any stage, including post-conviction, emphasizing compensatory justice over punitive measures.
A court can accept a statement of amicable settlement without requiring a compounding petition when both parties have settled under Section 138 of the Negotiable Instruments Act.
Under Section 147 of the Negotiable Instruments Act, offences are compoundable, allowing for quashing of conviction upon mutual settlement between parties.
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