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AMAN CHAUDHARY
Subhash Rawal – Appellant
Versus
Dalbir Saini – Respondent
| Table of Content |
|---|
| 1. conviction under section 138 of the n.i. act (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. compromise between parties in appeal (Para 10 , 12 , 13) |
| 3. permitting compounding of the offence (Para 14 , 15 , 16 , 17 , 18) |
| 4. order disposing the revision petition (Para 19) |
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 t
A compounded offence under Section 138 of the Negotiable Instruments Act can be permitted even after conviction when parties reach a mutual compromise.
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....
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