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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sai Infotech Tutu – Appellant
Versus
Idyll Institute of Computer Education Pvt Ltd. – Respondent
JUDGMENT :
Virender Singh, J.
Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’), for quashing the judgment of conviction dated 24.11.2018 and order of sentence dated 20.12.2018, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.2, Shimla (hereinafter referred to as the ‘trial Court’), in Criminal Case No.2407/3 of 2014/13, titled as Idyll Institute of Computer Education Pvt. Ltd versus Sai Infotech Tutu & Another.
2. By way of the judgment of conviction and order of sentence, as referred to above, the learned trial Court has convicted the petitioners for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as ‘the N.I. Act’) and sentenced petitioner No.2, Subhash Singta, to undergo simple imprisonment for a period of six months and to pay a sum of Rs.2,10,000/-, as compensation. In default of payment of compensation, petitioner No.2, has further been directed to undergo simple imprisonment for a period of fifteen days.
3. Thereafter, the petitioners have challenged the judgment of conviction and order of s
Compounding of offences under Section 138 of the N.I. Act requires pending proceedings; post-conviction petitions cannot invoke inherent powers to review judgments.
Point of Law : Section 362 of Cr. P.C. are reproduced as court not to alter judgment.
Dishonoured of Cheque - Amicable Settlement - Guidelines as laid down in case of Damodar S. Prabhu (Supra) and taking into account fact that parties have settled dispute amicably, in view of this cou....
Point of Law : Operation or effect of a general Act can be curtailed by special Act even if a general Act contains a non-obstante clause and as such, provisions contained under Section 320 Cr.P.C. wo....
Offences under the Negotiable Instruments Act can be compounded at any stage, including post-conviction, emphasizing the compensatory nature of the law over punitive measures.
The High Court can annul convictions under the Negotiable Instruments Act based on joint compromises, emphasizing compensatory justice over punitive measures in cheque dishonour cases.
Offences under Section 138 of the Negotiable Instruments Act are compoundable at any stage, including post-conviction, emphasizing the compensatory nature of the remedy over punitive aspects.
The court holds that offences under the Negotiable Instruments Act can be compounded at any stage of the proceedings, reaffirming their compensatory nature over punitive.
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