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RAKESH THAPLIYAL
Mahesh Chand Kushwaha – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. The present C482 application is moved along with the Compounding Application (IA/1/2024), for quashing of the judgment and order dated 23.03.2023 passed by the IInd Judicial Magistrate, Haridwar, in Complaint Case No. 167 of 2020 ‘Sangeeta Aggarwal vs. Mahesh Chandra Kushwaha’ as well as the judgment and order dated 21.10.2023 passed by the Vth Additional Sessions Judge in Criminal Appeal No. 55 of 2023 ‘Mahesh Chandra Kushwaha vs. State of Uttarakhand and another’, whereby, the judgment passed by the Trial Court dated 23.03.2023 was affirmed.
2. Present applicant is in jail. Son of the applicant and the respondent no. 2/complainant are present in Court and they are identified by their respective counsel. The compounding application is supported with the affidavit of the son of the applicant and respondent no. 2.
3. It is a case in which the complaint was filed by the respondent no. 2 under Section 138 of Negotiable Instruments Act in respect of a cheque of an amount of Rs.12,00,000/- (Rupees Twelve Lakh Only) in which after taking cognizance the proceedings were initiated and concluded and the present applicant was convicted by the judgment dated 23.
Compounding of offences under Section 138 of the Negotiable Instruments Act is permissible post-conviction, provided conditions regarding costs are met.
The court established a framework for compounding offences under section 138, promoting early resolution and imposing costs to deter delays.
The court emphasized the need to discourage chronic litigants from delaying the composition of the offence under Section 138 of the Negotiable Instruments Act and the valid means to encourage compoun....
The court allows compounding of cheque bouncing cases under specific conditions, emphasizing timely applications and imposing costs for delays.
The court established that timely compounding of offences under the Negotiable Instruments Act is essential to prevent undue delays in litigation.
Offences under Section 138 NI Act can be compounded at any stage, including post-conviction, fostering timely justice.
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