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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED
S.L. Suhail Ahmed and Sons – Appellant
Versus
Eastern Tech and Co. – Respondent
ORDER :
1. Heard Mr.S.Chandranathan learned counsel appearing for the Revision Petitioners and Mr.M.Raj Kumar, 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.32 of 2017 dated 07.12.2021 by the learned IV Addl. Sessions Judge, Chennai, confirming the conviction and sentence made in C.C.No.3617 of 2014, dated 24.01.2017 passed by the learned Fast Track Court-I (Magistrate Level) Egmore at Allikulam, Chennai.
3. The learned trial Judge has convicted the Revision Petitioners/accused under section 138 of Negotiable Instruments Act and sentenced the 2nd petitioner/A2 who is representing the 1st petitioner/A1 to undergo SI for a period of four months and also directed him to pay a compensation of Rs.6,76,601/- to the complainant, failing which, to undergo SI for one month. 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 2nd petitioner/ A2, who is repre
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 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.
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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