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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sushil Kukreja, J
Balbir Singh – Appellant
Versus
Ram Krishan – Respondent
JUDGMENT :
Sushil Kukreja, J.
1. The instant petition has been filed by the petitioner-accused under Section 438 read with Section 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), against judgment dated 29.10.2024, passed by learned Sessions Judge, District Sirmaur, at Nahan, H.P. in Criminal Appeal No. 06-Cr.A/10 of 2024, whereby the judgment of conviction and order of sentence, dated 08.12.2023, passed by learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P., in CIS Case No. 131 of 2018, was modified and sentence of imprisonment was reduced from two years to six months and fine amount was reduced from Rs.1,50,000/- to Rs.1,05,000/-.
2. The brief facts, giving rise to the present petition, can succinctly be summarized as under:
(a) The accused-Balbir Singh took a friendly loan of Rs.80,000/- from the complainant-Ram Krishan and he agreed to repay the same within a period of six months, i.e., on or before 19.11.2017. On 20.05.2017 the accused, in order to liquidate his financial liability towards the complainant, issued two cheques of HDFC Bank, Nahan, bearing No. 000046 and 000047, dated 19.11.2017 of Rs. 40,000/- each, in favour of the complainant.
Compounding of offences under Section 147 of the Negotiable Instruments Act is permissible even post-conviction, overriding general provisions of the CrPC.
Under Section 147 of the Negotiable Instruments Act, offences can be compounded even post-conviction if both parties reach a compromise and the complainant has no objection.
Offences under the Negotiable Instruments Act, 1881 are compoundable even after conviction, allowing for settlement between parties.
The court determined that offenses under the Negotiable Instruments Act can be compounded post-conviction, overriding standard compounding rules in the CrPC, based on a settlement between the parties....
Under Section 147 of the Negotiable Instruments Act, offences can be compounded post-conviction if both parties reach a valid compromise.
Under Section 147 of the Negotiable Instruments Act, offences are compoundable, allowing for quashing of conviction upon mutual settlement between parties.
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