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DINESH KUMAR SHARMA
Sh. Jagjit Sharma – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 12779/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 3395/2023
1. Present petition has been filed for quashing and setting aside the order dated 17.10.2015 in case bearing no. CC No.7234/2015 wherein the petitioner herein was convicted under Section 138 of N.I. Act and order dated 27.11.2015 whereby he was awarded sentence of simple imprisonment of one year and the compensation of Rs.4 lakhs. The conviction order was challenged before the learned Sessions Court in C.A.No.11/16 and vide judgment dated 03.05.2016 the appeal was dismissed. However, even after the dismissal of the appeal, the petitioner did not surrender before the Court and case FIR No.338/16 under Section 174A at PS Kapashera was lodged. However, now the parties have reached on a settlement vide settlement deed dated 25.04.2023 on the following terms:
We amicably settle the dispute as one Criminal Case CC N No. 7 234/2015, Sanjay Kumar Yadav V/S Jagjit Sharma, U./S 138 NI ACT Dwarka Court Delhi Wherein 27.NOV 2015 The Ld. Trial Court Pleased to allow the said complaint and punished the first party for 12 months
The court's decision was influenced by the provisions of Section 147 of the Negotiable Instruments Act, Section 320 Cr.P.C., and Article 142 of the Constitution, allowing the compounding of the offen....
The power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
The High Court can quash criminal proceedings post-conviction for compoundable offenses if there is a compromise between the parties, serving the ends of justice.
The court has the power to compound the offence under Section 138 of the Negotiable Instruments Act, even after the conviction of the accused, based on the provisions of Section 147 of the Act and re....
Section 362 of Code bars Criminal Courts from altering or reviewing its judgment or final order except to correct clerical or arithmetical error.
Amicable settlement allows compounding of offenses under Section 138 of the Negotiable Instruments Act, leading to acquittal of the accused.
The court can allow the compounding of the offence under the N.I. Act based on a compromise between the parties, leading to the acquittal of the accused.
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