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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar
Sathik Basha – Appellant
Versus
Senthilnathan – Respondent
| Table of Content |
|---|
| 1. challenge to previous court judgments (Para 1 , 2 , 3) |
| 2. factual background of the loan and cheque (Para 4 , 5) |
| 3. settlement and compliance of payment (Para 6 , 7) |
| 4. conclusion and case dismissal (Para 8 , 9) |
ORDER :
M.Nirmal Kumar, J.
This Criminal Revision Case is filed challenging the judgment of the Courts below convicting the revision petitioner for the offence under Section 138 of Negotiable Instruments Act.
2. The petitioner/accused in C.C.No.72 of 2018 filed under Section 138 of Negotiable Instrument Act by the respondent, was convicted by the trial Court by judgment dated 30.03.2021. He was sentenced to undergo one year Simple Imprisonment and was directed to pay a sum of Rs.6,00,000/- as compensation, being the cheque amount.
3. Aggrieved by the said judgment, the petitioner preferred an appeal before the Sessions Court in Crl.A.No.68 of 2021. The Sessions Judge, by judgment dated 10.02.2022, dismissed the appeal and confirmed the conviction and sentence passed by the trial Court. Hence, the present revision petition has been filed.
4. The case of the complainant is that the petitioner/accused and the respondent/complainant are friends. In the year 2016,
Payment of the cheque amount allows for compounding of the offence under Section 138 of the Negotiable Instruments Act, leading to discharge from conviction.
Settlement and compounding of an offence under the Negotiable Instruments Act after conviction can lead to the setting aside of the conviction if both parties agree.
Payment of cheque amounts to admission of liability under negotiable instruments law.
Conditional acquittal in cheque bounce case upon settling remaining amount after partial payment.
The court affirmed the legality of compounding offenses under Section 138 of the Negotiable Instruments Act following agreed resolutions between the parties.
The compensatory nature of proceedings under Section 138 of NI Act and the court's authority to modify the sentence and compensation amount based on relevant legal provisions.
The compensatory nature of proceedings under Section 138 of the Negotiable Instruments Act and the recoverability of compensation even after default sentence as provided in Section 357(3), 421, and 4....
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