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SHAMIM AHMED
Ravindra Kumar Yadav – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Home, Civil Sectt. Lko. – Respondent
JUDGMENT :
Hon'ble Shamim Ahmed, J.
1. Heard Sri Veer Bahadur Lal Srivastava, learned counsel for the applicant, Sri Ashok Srivastava, learned A.G.A. for the State opposite party no.1 and Sri Dharmendra Gupta, learned counsel for the opposite party no.2
2. The instant application under section 482 Cr. P.C. has been filed with the prayer to compound the offence committed by the applicant under Section 138 of the Negotiable Instrument Act, 1881 in Complaint Case No.7097 of 2017, Police Station Talkatora, District Lucknow (Sanchetna Financial Services Private Limited Vs. Ravindra Kumar Yadav) and further to quash the impugned judgment and order dated 07.04.2021 passed by learned Court of Additional Court No.3 (N.I. Act), Lucknow, whereby the applicant has been convicted under Section 138 of the Negotiable Instrument Act, 1881 and has been directed to undergo imprisonment for two years alongwith fine of Rs.45,00,000/-and in case of default of payment of fine, the applicant has been directed to undergo additional simple imprisonment for a period of one and half year. A sum of Rs.38,00,000/-was directed to be paid to the complainant as damages.
3. The facts of the case, in brief, are that th
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....
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.
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.
Compounding of offences under Section 138 of the Negotiable Instruments Act can be permitted at any stage, including post-conviction, emphasizing compensatory justice over punitive measures.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
Offences under Section 138 of the Negotiable Instruments Act are compoundable at any stage, including post-conviction, emphasizing the compensatory nature of the remedy over punitive aspects.
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