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SANJIV BERRY
Rita Aggarwal – Appellant
Versus
Rita Singla – Respondent
JUDGMENT
Mr. Sanjiv Berry, J. (Oral)
CRM-53765-2023 has been preferred under Section 482 Cr.PC read with Section 147 of the Negotiable Instruments (Amendment and Miscellaneous) Act, 2002, for compounding of the offences under section 138 of the Negotiable Instruments Act, 1881, (for short 'N.I. Act') and further quashing of the judgment of conviction dated 26.09.2018 and order of sentence dated 29.09.2018, passed by learned Judicial Magistrate 1st Class, Gurugram.
2. Heard.
3. It is, inter alia, contended that in a complaint case i.e. CIS No. 10550-2016, titled as 'Rita Singla v. RitaAggarwal' preferred under Section 138 of the N. I. Act filed by the respondent-Rita Singla against the petitioner-Rita Aggarwal, learned Judicial Magistrate 1st Class, Gurugram, convicted and sentenced the present petitioner to undergo simple imprisonment for a period of 03 months and to pay a fine of Rs. 5.00 lacs vide judgment of conviction dated 26.09.2018 and order of sentence dated 29.09.2018. The same was challenged by the petitioner and the learned Additional Sessions Judge, Gurugram, while deciding the criminal appeal, i.e. Criminal Appeal No. 89 of 2018, dismissed the same preferred by the prese
Compounding of offences under Section 138 of the N.I. Act is permissible when parties reach a compromise, subject to the payment of costs as per established guidelines.
The court determined that offenses under the Negotiable Instruments Act can be compounded post-conviction, overriding standard compounding rules in the CrPC, based on a settlement between the parties....
Under Section 147 of the Negotiable Instruments Act, offences are compoundable, allowing for quashing of conviction upon mutual settlement between parties.
Offences under the Negotiable Instruments Act, 1881 are compoundable even after conviction, allowing for settlement between parties.
Compounding of offences under Section 147 of the Negotiable Instruments Act is permissible even post-conviction, overriding general provisions of the CrPC.
Point of law: Dishonour of Cheque – Compounding of offence on payment
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