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SHIV SHANKER PRASAD
Kamal Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shiv Shanker Prasad, J.
Supplementary affidavit filed today on behalf of the revisionist is taken on record.
2. Heard Mr. Vikrant Rana learned counsel for the revisionist, the learned Additional Government Advocate for the State, and learned counsel for opposite party no.2 as well as perused the materials on record.
3. This criminal revision has been filed for setting aside the impugned judgment and order dated 30.09.2022 passed by learned Additional District and Session Judge, Court No. 15, Meerut in Criminal Appeal No. 135 of 2017 (Kamal Kumar v. State of U.P. and Others) and impugned judgment and order dated 18.10.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 5, Meerut in Complaint Case No. 654 of 2008 (Atul Rastogi v. M/s Maci Organics Limited and Others), under section 138 of Negotiable Instruments Act.
4. On 25.07.2023, the Court has passed following order:
The court affirmed that compromises can be validly recognized in criminal cases under Section 138 of the Negotiable Instruments Act, allowing for quashing of proceedings.
Compromise between parties verified by court can lead to quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, promoting peace and justice.
Compounding of offences under the Negotiable Instruments Act is permissible at any stage of proceedings to serve justice.
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.
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 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.
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