IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J
Yaad Ram – Appellant
Versus
H.P. State Co-Operative Agriculture Rural Development Bank – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Yaad Ram has filed the present Criminal Revision Petition against the judgment dated 22.03.2024, passed by the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.147-N/10 of 2022, titled as ‘Yaad Ram Vs. H.P. State Co-Operative Agriculture Rural Development Bank’.
2. By way of judgment dated 22.03.2024, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 11.10.2022, passed by the Court of learned Chief Judicial Magistrate, Sirmaur District at Nahan, H.P. (hereinafter called as the trial Court), in case No.177/3 of 2021, titled as ‘The H.P. State Cooperative Agriculture & Rural Development Bank Vs. Yaad Ram’.
3. Vide judgment of conviction and order of sentence dated 11.10.2022, the learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.
The court permitted the compounding of an offence under Section 138 of the NI Act after the parties settled the dispute, emphasizing the role of mutual agreement in such cases.
The offence under Section 138 of the Negotiable Instruments Act can be compounded post-conviction if the parties reach a settlement, subject to the payment of a compounding fee.
Amicable settlement between parties allows for compounding of offences under Section 147 of the Negotiable Instruments Act, subject to payment of a compounding fee.
The court permitted the compounding of an offence under Section 138 of the NI Act following an amicable settlement between the parties, emphasizing the procedural requirements for such compounding.
Amicable settlement between parties allows for compounding of offences under the Negotiable Instruments Act, leading to the setting aside of conviction.
The court allowed the compounding of an offence under Section 138 of the NI Act after the parties reached a settlement, emphasizing the importance of amicable resolutions.
Settlement between parties allows for compounding of offences under Section 147 of the NI Act, leading to acquittal.
The court allowed the compounding of an offence under Section 138 of the NI Act based on a settlement between the parties, emphasizing the significance of amicable resolutions.
The court allowed the compounding of an offence under Section 138 of the Negotiable Instruments Act after the parties settled the matter, emphasizing the importance of amicable resolution.
The court allowed the compounding of an offence under Section 138 of the NI Act, quashing the conviction upon settlement between the parties.
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