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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Raj Kumar – Appellant
Versus
Himachal Pradesh Gramin Bank – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant petition has been filed by the petitioner-accused under Section 397 of Cr.P.C., against judgment dated 03.06.2023, passed by learned Additional Sessions Judge, Hamirpur, H.P. Camp at Barsar, in Criminal Appeal No. 06 of 2022, whereby the judgment of conviction, dated 17.05.2022, and order of sentence, dated 18.05.2022, passed by Judicial Magistrate 1st Class, Barsar, District Hamirpur, H.P., in Complaint No. 13-I-2017, was affirmed.
2. The brief facts, giving rise to the present petition, can succinctly be summarized as under:
2(a). The Complainant-Bank, through its Branch Manager, Barsar, District Hamirpur, H.P., filed a complaint against the petitioner-accused, wherein it was alleged that the petitioner-accused approached the Complainant-Bank for granting loan in the sum of Rs.1,80,000/- for purchasing a Nano car. On 03.11.2014 the complainant-Bank disbursed the aforesaid amount to the petitioner-accused. The petitioner-accused, in order to liquidate his financial liability towards the complainant-Bank, issued a cheque bearing No. 053317, dated 17.02.2017, drawn at Himachal Pradesh Gramin Bank Branch at Barsar, Tehsil Barsar, District Hamirpu
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....
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 post-conviction if both parties reach a valid compromise.
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.
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