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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED
M. Selvaraj Proprietor Sri Abirami Auto Service – Appellant
Versus
R. Kandasamy – Respondent
| Table of Content |
|---|
| 1. conviction under section 138 of ni act. (Para 2 , 3 , 4) |
| 2. the sequence of events leading to the initial conviction under section 138. (Para 6) |
| 3. parties entered compromise for full payment. (Para 10 , 11 , 12) |
| 4. discussion on the compromise agreement and its implications. (Para 13) |
| 5. court's inherent power to allow compromises. (Para 18 , 19) |
| 6. legal interpretation of compounding offences under current law. (Para 24 , 30 , 49) |
| 7. compounding permissible under section 147 of ni act. (Para 28 , 34) |
| 8. acquittal due to compromise and order modifications. (Para 50 , 52 , 54) |
ORDER :
SHAMIM AHMED, J.
Heard Mr.K.S. Karthik Raja, learned counsel appearing for the Revision Petitioner and Mr.T.R.Sundaram, 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.303 of 2017 dated 11.02.2022 by the learned IV Addl. District and Sessions Court, Coimbatore, confirming the conviction and sentence made in C.C.No.366 of 2013, dated 18.09.2017 passed by the learned Judicial Magistrate Fast Tr
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 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 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.
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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