SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(P&H) 512

AVNEESH JHINGAN
Ashok Kumar – Appellant
Versus
Gorav Monga – Respondent


Advocates Appeared:
Mr. Tarun Sharma, Advocate, for the Appellant; Mr. Parneet Singh, Advocate, for the Respondent.

JUDGMENT

Avneesh Jhingan, J. - Due to COVID-19 situation, the Court is convened through video conference.

2. This criminal revision is filed aggrieved of conviction under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act) and upholding of conviction and sentence in appeal. The petitioner was sentenced to undergo one year rigorous imprisonment and to pay fine of rupees two thousand and in default of payment of fine, simple imprisonment for one month.

3. The brief facts are that petitioner issued a cheque of rupees two lakh to the complainant. On presentation the cheque was dishonored, after serving notice complaint was filed. After dismissal of the appeal, the parties compromised the matter.

4. This Court taking note of the compromise, directed the parties to get their statement recorded before the trial Court.

5. In the meantime, petitioner deposited fifteen percent of the cheque amount as per the decision of judgment of the Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., 2010(5) SCC 663.

6. The report dated 22nd February, 2022 received states that compromise is valid, genuine, voluntary and without any pressure, coercion or undue influence.

7. In K.M. Ibrah

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top