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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Hardeep Singh – Appellant
Versus
Manjeet Kumar – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Hardeep Singh has filed the present Criminal Revision Petition against the judgment dated 30.12.2023, passed by the learned Additional Sessions Judge-I, Una, District Una, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.8/2023, titled as ‘Hardeep Singh Vs. Manjeet Kumar’.
2. By way of judgment dated 30.12.2023, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction dated 25.11.2022 and order of sentence dated 29.11.2022,passed by the Court of learned Judicial Magistrate First Class, Court No.3, Amb, District Una, H.P. (hereinafter called as the trial Court), in case RBT No.201-I-21/17/2016, titled as ‘Manjeet Kumar Vs. Hardeep Singh’.
3. Vide judgment of conviction dated 25.11.2022 and order of sentence dated 29.11.2022, 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.1,35,000/- to the complainant.
4. After dismis
The court allowed the compounding of an offence under Section 138 of the Negotiable Instruments Act due to a compromise between the parties, resulting in the acquittal of the petitioner.
Compromise between parties in a Section 138 NI Act case allows for quashing of conviction, provided conditions for compounding are met.
The offence under Section 138 of the NI Act can be compounded if the parties reach a settlement and the compensation is fully paid.
The court upheld the principle that a settled dispute between parties can lead to the compounding of an offence under Section 138 of the NI Act, allowing for the quashing of conviction.
Settlement between parties allows for compounding of offences under Section 147 of the NI Act, leading to acquittal.
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.
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.
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.
Amicable settlement between parties allows for compounding of offences under the Negotiable Instruments Act, leading to the setting aside of conviction.
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.
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