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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE SHAMIM AHMED, J
K. Natarajan, Proprietor M/s. ASP Garments – Appellant
Versus
S. Subramanian (deceased) S/o. Sengodan – Respondent
ORDER :
Heard Mr.P. Kannan, learned counsel appearing for the Revision Petitioner and Mr.A.Tamilarasan, learned counsel appearing for the respondents 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.52 of dated 11.12.2020 by the learned Addl. District (Fast Track) Court, Mettur, confirming the conviction and sentence made in S.T.C.No.327 of 2020, dated 01.07.2020 passed by the learned Judicial Magistrate-I, Mettur.
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 one year and also directed him to pay a compensation of Rs.3,00,000/- within a period of two months, failing which, to undergo SI for six months. The conviction and sentence imposed by the trial court was also confirmed by the First Appellate Court.
4. The facts leading to filing of this Criminal Revision Case is as follows;
(i)The revision petitioner, who is a family friend of the respondent borrowed a sum of Rs.3,00,000/- from the respondent herein on
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.
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.
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 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.
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.
Compounding of offences under the Negotiable Instruments Act is permissible at any stage of proceedings to serve justice.
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....
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