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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sushil Kukreja, J
Balbir Singh – Appellant
Versus
Mohi Ram – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant petition has been filed by the petitioner-accused under Section 397 read with Section 401 of Cr.P.C . against judgment, dated 02.08.2023, passed by learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P., in Case No. 73 of 2022, whereby the judgment of conviction and order of sentence, dated 20.05.2022, passed by learned Judicial Magistrate 1st Class, Shillai, District Sirmaur, H.P., in Criminal Complaint No. N.I. 122/3 of 20/17, was affirmed.
2. The brief facts, giving rise to the present petition, can succinctly be summarized as under:
2(a). The petitioner/accused and the respondent/complainant were acquainted with each other and the petitioner requested the complaint to lend him Rs.50,000/- and he assured to return the same on demand. Therefore, the complainant gave Rs.50,000/- to the petitioner and when the complainant requested him to return the amount, he issued a cheque, bearing No. 621163, dated 19.05.2017, amounting to Rs.50,000/- drawn upon State Bank of India, ADB Branch, Paonta Sahib, to the complainant. However, the aforesaid cheque on being presented by the complainant for encashment, was returned by the Bank on 18
Offences under the Negotiable Instruments Act, 1881 are compoundable even after conviction, allowing for settlement between parties.
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.
Under Section 147 of the Negotiable Instruments Act, offences are compoundable, allowing for quashing of conviction upon mutual 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.
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