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K. BABU
Soman E. , S/O. Ariyan – Appellant
Versus
Faisal K. , S/O. Abdulla Haji – Respondent
ORDER :
K.BABU, J.
The accused in C.C.No.83 of 2003 on the file of the Judicial First Class Magistrate Court, Payyoli, challenges the judgment of conviction passed against him under Section 138 of the Negotiable Instruments Act, 1881, (for short ‘ the NI Act’) in this Crl.Rev. Petition. The revision petitioner has been sentenced to undergo simple imprisonment till the rising of the Court. He was also directed to pay Rs.1,15,895/- as compensation to the complainant.
2. When the matter was taken up for hearing, the complainant/respondent No.1 filed an application under Section 147 of the NI Act seeking permission to compound the offence stating that he has no surviving grievance against the accused.
3. I have heard the learned counsel for the complainant/respondent No.1, the learned Public Prosecutor and the learned counsel for the accused.
4. The learned Public Prosecutor submitted that the composition of the offence can be permitted only on deposit of costs as directed by the Supreme Court in Damodar S.Prabhu v. Sayed Babalal H [AIR 2010 SC 1907]. The learned counsel for the complainant submitted that Section 147 of the NI Act permits the complainant to compound the offence unilaterally
The complainant has the unilateral right to compound offences under Section 138 of the NI Act, independent of the guidelines in Damodar S. Prabhu.
The High Court can annul convictions under the Negotiable Instruments Act based on joint compromises, emphasizing compensatory justice over punitive measures in cheque dishonour cases.
The court holds that offences under the Negotiable Instruments Act can be compounded at any stage of the proceedings, reaffirming their compensatory nature over punitive.
Offences under the Negotiable Instruments Act can be compounded at any stage, including post-conviction, emphasizing the compensatory nature of the law over punitive measures.
Dishonoured of Cheque - Amicable Settlement - Guidelines as laid down in case of Damodar S. Prabhu (Supra) and taking into account fact that parties have settled dispute amicably, in view of this cou....
Point of law: Dishonour of Cheque – Compounding of offence on payment
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