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ANOOP CHITKARA
Suraj Parkash – Appellant
Versus
Hari Chand – Respondent
JUDGMENT
Anoop Chitkara, J. -
| Criminal Complaint | No. 136-2 of 2012, under section 138 of the Negotiable Instruments Act, Date of decision: 20.12.2016 |
| Criminal Appeal | No. 11 of 2017, decided by Addl. Sessions Judge, District Jind CNR No.HRJN010002612017 Date of decision: 10.05.2018 |
The petitioner, who stands convicted by the trial court as well as the Sessions court, for the commission of offence punishable under section 138 of the Negotiable Instruments Act, 1881, ( NIA )has come up before this Court under Section 401 , Code of Criminal Procedure, (CrPC) for setting aside of judgment of conviction affirmed by appellate Court.
2. The petitioner faced criminal prosecution by the private respondent because of the dishonor of the cheque in question. Thus, the opposition of the State's counsel to this compromise is formal.
3. During the pendency of the petition in the court, the parties had asked for mediation. On their request, a co-ordinate bench of this court had referred the matter to the mediation. As per the mediator's report the parties had entered a settlement vide a memorandum dated 5-7-2019 (in connected petition CRR-3161-2018) and have settled their
The High Court can annul convictions under the Negotiable Instruments Act based on joint compromises, emphasizing compensatory justice over punitive measures in cheque dishonour cases.
Compounding of offences under Section 138 of the Negotiable Instruments Act can be permitted at any stage, including post-conviction, emphasizing compensatory justice over punitive measures.
Offences under the Negotiable Instruments Act can be compounded at any stage, including post-conviction, emphasizing the compensatory nature of the law over punitive measures.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
Offences under Section 138 of the Negotiable Instruments Act are compoundable at any stage, including post-conviction, emphasizing the compensatory nature of the remedy over punitive aspects.
The court holds that offences under the Negotiable Instruments Act can be compounded at any stage of the proceedings, reaffirming their compensatory nature over punitive.
Dishonoured of Cheque - Amicable Settlement - Guidelines as laid down in case of Damodar S. Prabhu (Supra) and taking into account fact that parties have settled dispute amicably, in view of this cou....
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