Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rajesh Chauhan – Appellant
Versus
Mount Kailash Processed Foods Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. conviction under ni s.138; parties compromise post-judgment. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. s.147 ni act permits post-conviction compounding; recall judgments. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. conviction quashed upon compounding; petitioner acquitted. (Para 13 , 14) |
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 147 of the Negotiable Instruments Act, prayer has been made by the petitioner, who stands convicted for his having committed offence under Section 138 of the Negotiable Instruments Act in CIS Case No. 221/2015 (CIS CNR No. HPKI03-000766-2015), for compounding the offence under of the Act.
2. Precisely the facts of the case as emerge from the record are that the respondent instituted proceedings under Section 138 of the Act in the court of Learned Additional Chief Judicial Magistrate Rampur Bushahr, District Shimla, Himachal Pradesh, alleging therein that accused with a view to discharge his liability, issued cheque amounting to Rs. 22,135/-, but fact remains that aforesaid cheque on its presentation to the bank concerned, was dishonoured. Since petitioner-accused
Offence under Section 138 NI Act compoundable post-conviction even after appellate and revisional dismissal, upon compromise and full compensation payment; court may recall upholding judgment under S....
Dishonour of cheque – Court, while exercising power under Section 147 of N.I. Act can proceed to compound offence even in those cases where accused stands convicted.
The court established that it had the power to compound the offence under Section 147 of the Act, even after upholding the judgment of conviction and order of sentence.
The court established that it had the power to compound the offence under Section 147 of the Negotiable Instruments Act, even after upholding the conviction and sentence.
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 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 power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
