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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sushil Kukreja, J
Hira Lal – Appellant
Versus
H.P. State Co-operative Bank – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant petition has been filed by the petitioner-accused under Section 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) against judgment dated 31.05.2024, passed by learned Sessions Judge Shimla, District Shimla, H.P., in Criminal Appeal No. 24-S/10 of 2024, whereby the judgment of conviction, dated 15.01.2024, and order of sentence, dated 06.02.2024, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Shimla, H.P., in Case No. 77-3 of 2016, was affirmed.
2. The brief facts, giving rise to the present petition, can succinctly be summarized as under:
3. The petitioner/accused-Hira Lal availed loan of Rs.5,00,000/- from the complainant-Bank, which was sanctioned on 07.02.2007 and the accused agreed to repay the same as per the agreement entered into with the complainant-Bank, but he failed to repay the same. Thereafter, recovery proceedings were initiated before the Collector Recovery and the petitioner, in order to liquidate his financial liability towards the complainant-Bank, issued a cheque bearing No. 081385, dated 30.05.2016, amounting to Rs.5,50,000/-, drawn at H.P. State Co-operative Bank, Sunni. However, th
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.
Compounding of offences under Section 147 of the Negotiable Instruments Act is permissible even post-conviction, overriding general provisions of the CrPC.
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.
The court has the power to compound the offence under Section 138 of the Negotiable Instruments Act, even after the conviction of the accused, based on the provisions of Section 147 of the Act and re....
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