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RAM MANOHAR NARAYAN MISHRA
Kushalpal Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. presence of legal counsel and verified compromise. (Para 1 , 2) |
| 2. details of prior conviction under section 138 of n.i. act. (Para 3) |
| 3. circumstances under which offences can be compounded. (Para 4 , 5 , 6 , 7 , 8) |
| 4. court's rationale and decision to allow compounding. (Para 9 , 10) |
| 5. revision allowed and convictions annulled. (Para 11 , 12 , 13) |
JUDGMENT
Ram Manohar Narayan Mishra, J.
Learned counsel for the revisionist and learned counsel for respondent no. 2 are present.
2. Learned counsel for revisionist submitted that a compromise has been arrived between the complainant and accused through compromise deed dated 13.9.2023, which is apprised to District Judge, Aligarh and he has been informed that same is to be verified by the court below pursuant to order dated 6.9.2023. A report has been filed by the Registrar General of this Court dated 23.9.2023 wherein it is stated that in compliance of order dated 6.9.2023, parties have filed original compromise before the District Judge, Aligarh and a report dated 22.9.2023 has been received from District Judge, Aligarh containing a report regarding verification done by Presiding Officer, Aligarh.
3. The present criminal
Convictions under Section 138 of the Negotiable Instruments Act can be compounded at any stage, including after the conviction has been upheld by the appellate court.
The power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
Compounding of offences under NI Act Section 138 requires complainant's consent, and cannot be unilaterally initiated by the accused.
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....
The court can allow the compounding of the offence under the N.I. Act based on a compromise between the parties, leading to the acquittal of the accused.
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