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2006(1) Bankmann 490
SUPREME COURT OF INDIA
H. Santosh Hegde & B.P. Singh, JJ.
G. Sivarajan — Appellant
versus
Little Flower Kuries and Enterprises Ltd. & Anr. — Respondents
Criminal Appeal No. 486 of 2004
Decided on 16-4-2004
Headnote:NEGOTIABLE INSTRUMENTS ACT, 1881—SECTION 147—OFFENCE OF DISHONOUR OF CHEQUE—COMPOUNDING—COMPLAINANT’S AFFIDAVIT THAT HIS CLAIM WAS SETTLED AND MATTER WAS COMPOUNDED—CASE COULD BE COMPOUNDED AND SENTENCE IMPOSED BY TWO COURTS BELOW SET ASIDE. (PARA 3)
RESULT: APPEAL ALLOWED.
HEARD LEARNED COUNSEL FOR THE
PARTIES.
2. LEAVE GRANTED.
3. THE RESPONDENT COMPLAINANT WHO IS REPRESENTED THROUGH HIS COUNSEL HAS FILED AN AFFIDAVIT STATING THAT HIS CLAIM HAS SINCE BEEN SETTLED AND HE HAS NO OBJECTION IF THE MATTER IS COMPOUNDED UNDER SECTION 147 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881. HAVING PERUSED THE JudgmentS AND THE CONTENTS OF THE AFFIDAVIT FILED BY THE COMPLAINANT, WE ARE SATISFIED THAT THIS IS A CASE WHICH COULD BE COMPOUNDED. THE SENTENCE IMPOSED BY THE TWO COURTS BELOW IS SET ASIDE. WE PERMIT THE PARTIES TO COMPOUND THE OFFENCE UNDER SECTION 147 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.
4. OrderED ACCORDINGLY.
5. THE APPEAL IS ALLOWED.
APPEAL ALLOWED.
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