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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE SHAMIM AHMED, J
R. Kamaraj, Proprietor, R.K. Enterprises – Appellant
Versus
M. Velusamy, S/o. Madasamy – Respondent
ORDER :
Heard Mr.S. Sathish Rajan, learned counsel appearing for the Revision Petitioner and Mr.R. Chakkaravarthy, 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.438 of 2019, dated 19.03.2021 by the learned VI Addl. Sessions Judge, City Civil Court, Chennai, confirming the conviction and sentence made in C.C.No.6433 of 2016, dated 27.11.2019 passed by the learned XIX Metropolitan Magistrate, Chennai Corporation Complex, Allikulam, Chennai 600 003
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.70,000/-/-, failing which, 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 leading to filing of this Criminal Revision Case is as follows;
(i) The revision petitioner, who is a businessman, borrowed a sum of Rs.70,000/-
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 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.
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 the Negotiable Instruments Act can be compounded at any stage, including post-conviction, emphasizing the compensatory nature of the law over punitive measures.
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.
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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