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VIVEK RUSIA
Bhagirath – Appellant
Versus
Firoz – Respondent
ORDER
1. Present revision has been filed against judgment dated 14.8.2019 passed by Judicial Magistrate First Class, Kukshi, Distt. Dhar, whereby applicant has been convicted under section 138 of Negotiable Instruments Act, 1881 and sentenced him to under 06 months rigorous imprisonment with fine of Rs.1,62,350/-. Against the aforesaid order, he preferred a Criminal Appeal No.37/2019 before the II Additional Sessions Judge, Kukshi, District Dhar and vide judgment dated 13.11.2021 appellate Court has dismissed the appeal confirming the aforesaid conviction, sentence and fine. Hence, the present revision before this Court.
2. Present revision is filed along with a compromise deed and according to which entire amount of Rs.1,62,350/- has been paid by Criminal Revision No.3198/2021 way of cheque. Learned counsel for the applicant submits that cheque has been encahsed and the complainant has received the amount. He has no objection if the jail sentence is reduced to the period already undergone, as there is no minimum sentence provided under the Negotiable Instruments Act, 1881.
3. Since the parties are entering into compromise at the stage of revision, therefore, law laid down by the apex
The court established a framework for compounding offences under section 138, promoting early resolution and imposing costs to deter delays.
The court established that timely compounding of offences under the Negotiable Instruments Act is essential to prevent undue delays in litigation.
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....
Court allows compromise in cheque dishonor cases, emphasizing compensatory nature of proceedings, enabling discharge of accused on satisfactory compensation, and imposing costs where applicable.
The court recognizes the ability to compound offences under the Negotiable Instruments Act upon settlement between parties, emphasizing the need for timely resolution.
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