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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Ashok Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J.
The present revision petition has been preferred against judgment dated 12.11.2024 passed by Addl. Sessions Judge, Fatehabad whereby, the appeal preferred against the judgment of conviction dated 10.02.2023 and order of sentence dated 13.02.2023 passed by Judicial Magistrate Ist Class, Fatehabad, vide which the petitioner was convicted and sentenced to undergo a simple imprisonment for a period of one year under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'Act of 1881'), is dismissed and the complainant was awarded compensation to the tune of Rs.2,40,000/-; in default of payment thereof within a period of two months then shall be recovered as per provision of Section 421 Cr.P.C.
2. On perusal file, it is evident that a compromise has been effected between the parties, as the entire cheque amount stands paid to the complainant and on that account counsel for the petitioner submits that he does not want to challenge his conviction on merits.
3. The petitioner(s) stands convicted under Sections 138 of Act of 1881 vide judgment of conviction dated 10.02.2023 and vide order of sentence dated 13.02.2023 passed by Judicial Magistr
An offence under Section 138 of the Negotiable Instruments Act can be compounded even post-conviction if both parties consent, affirming the need for reformative justice.
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....
The court has the power to compound the offence under Section 138 of the Negotiable Instruments Act, even after the conviction of the accused, based on the provisions of Section 147 of the Act and re....
Negotiable Instruments Act's Section 138 allows for compoundable offences, emphasizing mutual settlement between parties as a basis for appeal success.
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