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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Shah
Bheru Singh S/o Ray Singh – Appellant
Versus
Mularam S/o Shri Kheti – Respondent
| Table of Content |
|---|
| 1. revision petition challenges conviction under ni act. (Para 1 , 2) |
| 2. settlement reached; no objection to revision petition. (Para 3 , 4) |
| 3. guidelines for compounding offences established. (Para 5 , 6 , 7 , 8) |
| 4. conviction and sentence can be set aside upon compromise. (Para 9 , 10) |
| 5. revision petition allowed with conditions. (Para 11 , 12) |
ORDER :
Sandeep Shah, J.
1. The present revision petition has been filed challenging the judgment dated 09.03.2022, passed by the learned Judicial Magistrate, Kumbhalgarh, in Regular Criminal Case No.163/2017 (CIS No.164/2017) (Mularam v. Bheru Singh) whereby the appellant was convicted under Section 138 of the Negotiable Instruments Act, 1881 and imposed punishment of simple imprisonment of six months and also fine of Rs.80,000/-.
2. The appellant has also challenged the order passed by the learned Special Judge, SC/ST (Prevention of Atrocities), Act Cases, Rajsamand, in Criminal Appeal No.80/2023 (CIS No.29/2022) (Bheru Singh v. Mularam) dated 16.04.2024, whereby the appeal against the above-mentioned order was dismissed.
3. Learned counsel for petitioner- Mr. Love Jain and learned counsel for respondent No.1 -Mr. Naresh Khatri h
The court recognizes the ability to compound offences under the Negotiable Instruments Act upon settlement between parties, emphasizing the need for timely resolution.
Court allows compromise in cheque dishonor cases, emphasizing compensatory nature of proceedings, enabling discharge of accused on satisfactory compensation, and imposing costs where applicable.
Negotiable Instruments Act's Section 138 allows for compoundable offences, emphasizing mutual settlement between parties as a basis for appeal success.
The main legal point established is that the compounding of the offence under Section 138 of the Negotiable Instruments Act can be allowed based on a mutual compromise between the parties, leading to....
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