Back
AMAN CHAUDHARY
Subhash Rawal – Appellant
Versus
Dalbir Saini – Respondent
JUDGMENT
Mr. Aman Chaudhary, J.
Present petition has been filed against the impugned judgment of conviction dated 16.05.2017 and order of sentence dated 06.07.2017 passed by learned Judicial Magistrate 1st Class, Gurugram vide which the petitioner was convicted and sentenced for one year simple imprisonment under section 138 of Negotiable Instruments Act.
2. Briefly put the facts of the are are that the petitioner-accused had taken friendly loan of Rs.15,00,000/- from the complainant. In discharge of his liability the petitioner-accused issued a cheque bearing No. 037357 dated 01.02.2015 for Rs.15,00,000/- in favour of the complainant. That on the assurance and promise of the petitioner-accused that the said cheque would be en-cashed and honoured on presentation, complainant deposited the cheque. However, to the utter surprise of the complainant, banker of the petitioner-accused returned the said cheque to the banker of the complainant with the remarks "Fund Insufficient". In turn, the banker of the complainant intimated the complainant about dishonour of the said cheque vide return memo dated 03.02.2015. The complainant sent a legal notice dated 24.03.2015 to the petitioner-accused
The main legal point established is that the compounding of the offence under Section 138 of the Negotiable Instruments Act can be allowed based on a mutual compromise between the parties, leading to....
Section 138 of the Negotiable Instruments Act allows for compounding of offenses upon mutual consent of the parties, emphasizing compensatory over punitive aspects.
The offence under Section 138 of the Negotiable Instruments Act is compoundable, leading to acquittal upon settlement.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
