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PREM NARAYAN SINGH
Ram Singh – Appellant
Versus
Narendra Singh – Respondent
ORDER :
Present revision has been filed against judgment dated 30-11-2016 passed by IXth Additional Sessions Judge, District Ujjain, in Criminal Appeal No. 386/2016 whereby learned Sessions Court affirmed the order dated 27-8-2016, passed by Judicial Magistrate First Class, District-Ujjain in Criminal Case No. 547/2013, wherein the applicant has been convicted under section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo one year rigorous imprisonment and compensation of Rs. 1,40,000/-.
2. The matter is involved cheque amount of Rs. 1,26,330/- in the present matter.
3. Both parties have filed the compromise application before this Court.
4. Learned counsel for both the parties submitted that the dispute has been settled amicably between them and the respondent has submitted that he has no objection if petitioner is acquitted from the charge under section 138 of the Negotiable Instruments Act, 1881.
5. Since the parties are entering into compromise at the stage of revision, therefore, law laid down by the Hon’ble Apex Court in the case of Damodar S. Prabhu vs. Sayed Babalal H., reported in (2010) 5 SCC 663 will be applicable in this case. Paragraph No. 21 of the afo
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....
Offences under Section 138 NI Act can be compounded at any stage, including post-conviction, fostering timely justice.
The offence under Section 138 of the Negotiable Instruments Act can be compounded at any stage of litigation when the parties reach a genuine settlement.
Compounding of offences under Section 138 of the Negotiable Instruments Act is permissible post-conviction, provided conditions regarding costs are met.
Compounding of the offence under Section 138 of the N.I. Act and the imposition of costs for delayed composition.
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