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JASJIT SINGH BEDI
Balwinder Singh – Appellant
Versus
Palwinder Singh – Respondent
| Table of Content |
|---|
| 1. revision petition filed against lower court convictions. (Para 1 , 2 , 3 , 4) |
| 2. application for condonation of delay due to circumstances. (Para 5) |
| 3. compromise between parties allowing acquittal. (Para 6 , 7) |
| 4. court's analysis on compounding the offence. (Para 8 , 9 , 10 , 11) |
| 5. petitioner acquitted based on settlement. (Para 12) |
JUDGMENT
Jasjit Singh Bedi, J.
The present revision petition has been filed against the judgment dated 01.08.2016 passed by the Additional Sessions Judge, Amritsar, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 01.12.2014 passed by the Judicial Magistrate, 1st Class, Ajnala has been dismissed.
2. The brief facts of the case are that the petitioner faced trial in Criminal Complaint No.88/2010 dated 05.04.2010 titled as ' Palwinder Singh v. Balwinder Singh " under section 138 of the Negotiable Instruments Act and came to be convicted and sentenced as below:-
| Name | Offence | Punishment | Fine | In Default |
| Balwinder Singh | 138 NI Act | R.I. 01 year | Rs.2,80,000/- | -- |
3. Aggrieved against the said judgment of conviction and order of sentence, the petitioner preferr
Once a settlement is reached between the parties in a dishonoured cheque case, the offence under Section 138 of the Negotiable Instruments Act can be compounded, leading to acquittal.
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....
A conviction under Section 138 of the Negotiable Instruments Act can be quashed upon the parties reaching a compromise, acknowledging the compoundable nature of the offence under Section 147.
The offence under Section 138 of the Negotiable Instruments Act is compoundable, allowing acquittal upon settlement between the parties.
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