Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Stanely Products – Appellant
Versus
Vee Kay Concast Pvt Ltd. – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present revision petition has been filed for setting aside the impugned order dated 26.03.2025 passed by the learned Judicial Magistrate 1st Class, Ludhiana, whereby, an application moved by the petitioner under Section 147 of the Negotiable Instruments Act (in short NI Act') has been, declined.
2. Summarily, the facts of the case are that complaint under Section 138 of NI Act was filed against the petitioners on the ground of dishonouring of cheques bearing No.535102 dated 01.01.2013 amounting to Rs.3,00,000/- and No.529166 dated 01.01.2013 amounting to Rs.4,61,314/-, issued in favour of the complainant/respondent by petitioner No.2 in discharge of his liability. Thereafter, the complainant/respondent served the accused/petitioners with legal notice dated 17.01.2013 but despite the same, petitioner No.2 failed to make the payment to the complainant and hence, the complaint has been filed.
3. Learned counsel for the petitioners inter alia contends that petitioner No.2 has been falsely implicated in the complaint filed by the respondent under Section 138 of NI Act. He further submits that the legislative mandate under Section 147 of NI Act, makes a
An offence under Section 138 of the Negotiable Instruments Act can only be compounded with the consent of the complainant, as reiterated by the court.
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 complainant has the unilateral right to compound offences under Section 138 of the NI Act, independent of the guidelines in Damodar S. Prabhu.
Compounding of offences under NI Act Section 138 requires complainant's consent, and cannot be unilaterally initiated by the accused.
The compounding of offences under Section 138 of the N.I. Act requires the consent of the complainant, and the inherent powers of the High Court cannot be used to circumvent this requirement.
(1) Dishonour of cheque – Compounding of offence – Section 482, Cr.P.C. and Section 147, N.I. Act, are different and distinct – Offence under Section 138, N.I. Act could be compounded under Section 1....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
