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FARJAND ALI
Shivswami Tubewel Borewell Nagwara – Appellant
Versus
Kishan Krishi Yantralaya – Respondent
| Table of Content |
|---|
| 1. petitioner's conviction details (Para 1) |
| 2. compromise between parties (Para 2) |
| 3. court's handling of compromise (Para 3 , 4) |
| 4. court's decision based on compromise (Para 5 , 6) |
| 5. disposition of pending applications (Para 7) |
ORDER :
Farjand Ali, J.
The instant criminal revision petition under Section 397 /401 Cr.P.C has been preferred by the petitioner against the judgment dated 13.05.2022 passed by the learned Additional Sessions Judge, Banswara Camp Kushalgarh in Criminal Appeal No.20/2018, whereby the learned appellate court affirmed the judgment dated 04.04.2018 passed by the learned Additional Chief Judicial Magistrate, Kushalgarh, District Banswara in Criminal Regular Case No.842/2015 convicting the petitioner for the offence under section 138 of the NI Act and sentencing him to undergo simple imprisonment of one year along with a fine of Rs.5,00,000/- with default sentence of one month's additional simple imprisonment.
2. An application has been filed for placing on record a compromise deed executed between the petitioner and the complainant. It is recited in the compromise deed dated 03.09.2023 that the entire due amount has been paid to the complainant and no
A compromise between parties in a Section 138 NI Act case can lead to the setting aside of conviction and sentence, provided the complainant is satisfied with the settlement.
Convictions under Section 138 of the Negotiable Instruments Act can be compounded at any stage, including after the conviction has been upheld by the appellate court.
The court can set aside the sentence of imprisonment for an offence under Section 138 of the NI Act based on a compromise between the parties, in accordance with the provisions of Section 147 of the ....
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