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SHAMIM AHMED
A. Govindaraj S/o Ayyasamy – Appellant
Versus
M. Nandakumar S/o Mayilsamy – Respondent
ORDER :
1. Heard Mr. B. Gopalakrishnan, learned counsel appearing for the Revision Petitioner and Mr. S. Karthick Balan, learned counsel appearing for the respondent and also this Court has taken the assistance of Mr. A. Gopinath, learned Govt. Advocate (Crl. Side).
2. The instant Criminal Revision Case has been filed challenging the conviction and sentence passed in C.A. No. 21 of 2021 dated 18.03.2022 by the learned IV Additional District and Sessions Judge, Coimbatore, confirming the conviction and sentence made in C.C. No. 509 of 2018, dated 07.11.2020 passed by the learned Judicial Magistrate, Fast Track Court No. 1 at Magisterial Level, Coimbatore.
3. The learned trial Judge has convicted the Revision Petitioner/accused under section 138 of Negotiable Instruments Act and sentenced him to undergo SI for a period of six months and also directed him to pay a compensation of Rs. 5,00,000/- to the complainant within two months from the date of judgment, in default, to undergo SI for two months. The conviction and sentence imposed by the trial court was also confirmed by the First Appellate Court.
4. The facts of the case in brief are that the Revision petitioner/accused obtained a loa
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.
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.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
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.
Compounding of offences under Section 138 of the Negotiable Instruments Act can be permitted at any stage, including post-conviction, emphasizing compensatory justice over punitive measures.
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....
Compounding of offences under the Negotiable Instruments Act is permissible at any stage of proceedings to serve justice.
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