Back
FARJAND ALI
Lehara Ram – Appellant
Versus
Himata Ram – Respondent
ORDER :
Farjand Ali, J.
The petitioner has approached this Court for challenging the judgment dated 29.04.2023 passed by the learned Sessions Judge, Jalore in Cr. Appeal No.84/2021 affirming the judgment dated 16.06.2015 passed by the learned Additional Chief Judicial Magistrate No.2, Jalore in Regular Criminal Case No.2137/2013 whereby, the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and a fine of Rs.2,70,000/- was imposed upon him and it was ordered that in default of payment of fine, the petitioner would undergo simple imprisonment of two months.
2. Briefly stated, that facts of the case are that the petitioner was prosecuted for committing an offence under section 138 of the Negotiable Instruments Act. After completion of trial, he was found guilty and thus, was convicted and sentenced by the learned trial Court. The judgment of conviction was assailed by the petitioner by way of filing a criminal appeal but the same has been dismissed vide judgment dated 29.04.2023, hence the present revision petition has been filed.
3. The parties have entered into a compromise and have settled the dispute amicably. Copy of Compromise deed dated 09
Under Section 147 of the Negotiable Instruments Act, an offence under Section 138 is compoundable without court permission, allowing for acquittal upon parties reaching a compromise.
A conviction under Section 138 of the Negotiable Instruments Act can be quashed upon the parties reaching a compromise, acknowledging the compoundable nature of the offence under Section 147.
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 can set aside a conviction and sentence under the Negotiable Instruments Act based on a joint compromise petition and acknowledgment of receipt of the settlement amount by the complainant.
The court can grant permission to compound the offence under Section 138 N.I.Act and waive costs based on settlement and specific reasons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
