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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
S.Rajathi, W/o.Senniyappan – Appellant
Versus
Rajkumar Jain, S/o.Lalchand – Respondent
ORDER :
M.Nirmal Kumar, J.
Crl.R.C.No.107 of 2022 filed to set aside the conviction imposed in the judgment dated 30.07.2021 made in C.A.No.40 of 2017 on the file of the learned I Additional Sessions Judge, Tiruppur, confirming the judgment dated 03.03.2017 made in S.T.C No.1070 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur.
2.Crl.R.C.No.108 of 2022 filed to set aside the conviction imposed in the judgment dated 30.07.2021 made in C.A.No.38 of 2017 on the file of the learned I Additional Sessions Judge, Tiruppur, confirming the judgment dated 03.03.2017 made in S.T.C No.1067 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur.
3.Crl.R.C.No.156 of 2022 filed to set aside the conviction imposed in the judgment dated 30.07.2021 made in C.A.No.40 of 2017 on the file of the learned I Additional Sessions Judge, Tiruppur, confirming the judgment dated 14.11.2016 made in S.T.C No.1451 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur.
4.The gist of the case in Crl.R.C.No.107 of 2022 is that the petitioner availed a hand loan of Rs.6,90,000/- for her urgent business requirements from the respondent by way of cheque and in discharge of
A compromise reached between parties allows convictions under Section 138 of the Negotiable Instruments Act to be set aside.
The statutory presumption under Section 139 of the Negotiable Instruments Act favors the payee in case of dishonour of a cheque, and the burden of proof lies on the drawer to rebut the presumption.
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.
Compounding of criminal complaints under Section 147 of the Negotiable Instruments Act is permissible, leading to acquittal if both parties mutually agree to settle the matter.
Accused cannot rebut statutory presumption under Sections 118 and 139 of Negotiable Instruments Act without entering witness box.
Conditional acquittal in cheque bounce case upon settling remaining amount after partial payment.
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