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DEVENDRA KACHHAWAHA
Pawan Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Accused-petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to challenge judgment dated 04.09.2019, passed by Additional Sessions Judge No.l Nohar, District Hanumangarh (for short, 'learned appellate Court'), whereby learned appellate Court has confirmed judgment dated 17.09.2016, rendered by Judicial Magistrate, Rawatsar District Hanumangarh (for short, 'learned trial Court'). The learned trial Court, by its verdict dated 17.09.2016 indicted accused-petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') and handed down sentence of one year's simple imprisonment. Besides imprisonment, the learned trial Court has also ordered that accused-petitioner should pay compensation to the complainant to the tune to Rs.3,00,000/- and in default of payment of compensation to further undergo three months' simple imprisonment. Being aggrieved by the same, petitioner approached learned appellate Court but that effort did not fructify to his advantage as the learned appellate Court dismissed the appeal. This sort of situation has necessitated filing of this revision petition.
2. Learned counsel for the petitioner submits
The court established that offences under the Negotiable Instruments Act can be compounded post-conviction if a settlement is reached, prioritizing compensation over punishment.
The court established that offences under Section 138 of the Negotiable Instruments Act can be compounded post-conviction, prioritizing compensatory justice.
The court established that offences under Section 138 of the Negotiable Instruments Act can be compounded post-conviction, prioritizing settlement over punishment.
The court established that offences under Section 138 of the Negotiable Instruments Act can be compounded post-conviction if a settlement is reached between the parties.
Court allows compromise in cheque dishonor cases, emphasizing compensatory nature of proceedings, enabling discharge of accused on satisfactory compensation, and imposing costs where applicable.
The court recognizes the ability to compound offences under the Negotiable Instruments Act upon settlement between parties, emphasizing the need for timely resolution.
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