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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Veer Bhader – Appellant
Versus
Central Bank of India – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. settlement between parties under one time settlement scheme (Para 7 , 8) |
| 3. court analysis on compounding application and financial considerations (Para 9 , 15 , 17) |
| 4. legal provisions for compounding under section 147 of the negotiable instruments act (Para 10 , 11 , 12 , 14) |
| 5. final order for compounding and quashing of conviction (Para 13 , 18) |
JUDGMENT :
Sushil Kukreja, J.
The instant petition has been filed by the petitioner-accused under Section 438 read with Section 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), against judgment dated 04.03.2024, passed by learned Additional Sessions Judge, Rohru, in Criminal Appeal No. 118-R/10 of 2023, whereby the judgment of conviction, dated 23.08.2023, and order of sentence, dated 24.08.2023, passed by learned Additional Chief Judicial Magistrate Court No. 1, Rohru, District Shimla, H.P., in Criminal Case No. 81-3 of 2020, 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 Manager Shri Fakir Chand Rana, filed a complaint against the petitioner-
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 are compoundable, allowing for quashing of conviction upon mutual 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.
Offences under the Negotiable Instruments Act, 1881 are compoundable even after conviction, allowing for settlement between parties.
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