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N. S. SHEKHAWAT
Haryana State Co-Operative Supply & Marketing Federation Limited – Appellant
Versus
Rakesh C. Jain – Respondent
JUDGMENT
N.S. Shekhawat, J.
The present application under Section 378(4) Cr.P.C. for grant of leave to appeal is directed against the judgment dated 05.08.2010 passed by the Court of Mr. Vimal Kumar, learned Additional Sessions Judge, Rewari, whereby, he set-aside the judgment dated 18.04.2007 and order of sentence dated 19.04.2007 passed by the Court of learned Sub Divisional Judicial Magistrate, Kosli and acquitted the respondent.
2. The applicant/complainant had filed the criminal complaint under Section 138 /142 of the Negotiable Instruments Act 1881 (hereinafter referred to as 'the Act') against the respondent/accused and others in the Court of learned Sub-Divisional Judicial Magistrate (SDJM) Kosli and after holding the trial, vide judgment dated 18.04.2007, the learned SDJM Kosli held the respondent/accused guilty and convicted him for the commission of offence punishable under Section 138 of the Act and vide order dated 19.04.2007, he was sentenced to undergo rigorous imprisonment for a period of one year and was also directed to pay a sum of Rs. 4 lacs as compensation to the applicant/complainant. Against the judgment and order passed by the learned trial Court, the responde
Generally the powers available under Section 482 of the Code would not have been exercised when a statutory remedy under the law is available, however considering the peculiar set of facts and circum....
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....
Point of law: Dishonour of Cheque – Compounding of offence on payment
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.
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.
(1) Offence of dishonour of cheque is fully compoundable.(2) Generally, powers available under Section 482 of Cr.P.C. would not be exercised when a statutory remedy under law is available.
The compounding of the offence under Section 138 N.I. Act is permissible without the consent of the complainant if the accused has been duly compensated, and the Court can use its inherent powers und....
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.
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