AI Overview...
- Section 138 of the Negotiable Instruments Act (NI Act) - Main points and insights:
- The offence under Section 138 is generally considered compoundable at any stage of the case, as confirmed by multiple sources (Gunasekaran vs Malarkodi - Madras, K.Senthilkumar vs Prema.M - Madras, Sankilipandiyan vs Vannivinayagamoorthi - Madras, S.Nargis Banu vs J.Maboob Sheriff - Madras, David Anantharaj vs Saravanakumar - Madras).
- Courts have upheld that offences under Section 138 can be compounded with the consent of both parties, and such compounding leads to quashing or acquittal (S.Nargis Banu vs J.Maboob Sheriff - Madras, David Anantharaj vs Saravanakumar - Madras).
- Legal presumptions under Sections 138, 139, and 27 of the NI Act support the validity of cheques and the presumption of debt, but these can be overridden upon compounding (s.k.mariappan vs s.kennedy - Madras, Gunasekaran vs Malarkodi - Madras).
- The offence is quasi-criminal, and the process of compounding is facilitated by provisions like Section 147 of the NI Act, which explicitly states the compoundability at any stage (Gunasekaran vs Malarkodi - Madras, K.Senthilkumar vs Prema.M - Madras, Sankilipandiyan vs Vannivinayagamoorthi - Madras).
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Cases also demonstrate that convictions can be challenged and potentially set aside if the offence is compounded, leading to acquittal (S.Nargis Banu vs J.Maboob Sheriff - Madras).
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Analysis and Conclusion:
- The consistent legal position across the cited cases indicates that offences under Section 138 of the Negotiable Instruments Act are compoundable at any stage of proceedings, provided there is mutual consent.
- The availability of compounding as a remedy allows parties to resolve disputes amicably, resulting in quashing of charges and acquittals.
- The legal framework emphasizes the importance of consent and mutual agreement in the compounding process, making Section 138 offences more flexible for dispute resolution.
- Overall, the main insight is that Section 138 of the NI Act is not a non-compoundable offence; it can be compounded at any stage, facilitating the quashing of prosecutions upon mutual settlement.
References: - Gunasekaran vs Malarkodi - Madras - K.Senthilkumar vs Prema.M - Madras - Sankilipandiyan vs Vannivinayagamoorthi - Madras - S.Nargis Banu vs J.Maboob Sheriff - Madras - David Anantharaj vs Saravanakumar - Madras
Search Results for "Index in 138 N i Act Case"
2024 Supreme(Online)(MAD) 10658 • India - High Court of Madras
Hon`ble Mr.Justice VIVEK KUMAR SINGH
Issues: Whether the offence under Section 138 of the Negotiable Instruments Act was compoundable. ... was convicted under Section 138 of the Negotiable Instruments Act and sentenced to one year's imprisonment and a fine of Rs. 5,000 ... case. ... In view of the aforesaid provision, the offence under Section 138 of the Negotiable Instruments Act becomes compoundable at any stage of the case. ... has been filed as against the judgement of confirmatio....
2024 Supreme(Online)(MAD) 10659 • India - High Court of Madras
Hon`ble Mr.Justice VIVEK KUMAR SINGH
Act, 1881 - SUMMARY - Offence under Section 138 of the Negotiable Instruments Act is compoundable at any stage of the case. ... Fact of the Case: The petitioner was convicted and sentenced for an offence under Section 138 of the Negotiable Instruments ... at any stage of the case, as per Section 147 of the Act. ... In view of the aforesaid provision, the offence under Section 138 of the Negotiable Instruments Ac....
2024 Supreme(Online)(MAD) 11285 • India - High Court of Madras
Hon`ble Mr.Justice VIVEK KUMAR SINGH
convicted and sentenced for an offence under Section 138 of the Negotiable Instruments Act. ... Issues: Whether the offence under Section 138 of the Negotiable Instruments Act is compoundable. ... COMPOUNDABLE OFFENCE - SECTION 147 OF THE NEGOTIABLE INSTRUMENTS ACT - SUMMARY Fact of the Case: The petitioner was ... In view of the aforesaid provision, the offence under Section 138 of the Negotiable Instruments Act becomes compoundable at any stage ....
2025 0 Supreme(Guj) 2061 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 419(4) - Negotiable Instruments Act, 1881 - Section 138 - Leave to appeal sought ... NI Act permits compounding - Consent fundamental to quashing conviction. ... (Paras 37 and 38) ... ... Facts of the case: ... The applicant extended a loan to the respondent ... Each and every complaint under Section 138 of the NI Act shall contain a synopsis in the following format which shall be filed immediately after the index#HL_E....
2024 Supreme(Online)(MAD) 12272 • India - High Court of Madras
Hon`ble Dr.Justice G.JAYACHANDRAN
Fact of the Case: The appeal challenged a trial court's acquittal in a private complaint under Section 138 of the Negotiable ... Negotiable Instruments - Appeal against Acquittal - NI Act Section 138, 139 - The court upheld the trial court's ruling, indicating ... Instruments Act, where the trial court found insufficient evidence to convict the accused for issuing cheques without adequate funds ... The inconsistency in the case of the prosecution has made the trial Court to disbeliev....
2014 0 Supreme(Mad) 1989 • India - Madras
ARUNA JAGADEESAN
illegal gratification in a factoring facility loan case. ... Criminal Revision Case - Discharge of Accused - Sections 120B, 420, 467, 468, 471 of IPC and Section 13(2) read with 13(1)&(d) ... Fact of the Case: The Respondent/A5, a Manager at a non-banking financial company, was charged with conspiracy and ... as Document NO.5 in the index of typed set filed by the Respondent. ... His statement clearly indicated that the bounced cheques from the debtors were handed over by his Department to the Legal Department to initi....
2025 7 Supreme 171 • India - Supreme Court
MANMOHAN, N. V. ANJARIA
(A) Negotiable Instruments Act, 1881 – Section 138 read with Sections 118 and 139 – Income Tax Act, 1961 ... (Paras 20 and 21) (B) Negotiable Instruments Act, 1881 – Section 138 – Criminal Procedure Code, 1973 – Section ... Code, 1973 – Section 320 – Dishonour of cheque – Appeal against acquittal – Offence under Section 138 of NI Act is quasi-criminal ... Each and every complaint under Section 138 of the NI Act shall contain a synop....
2024 Supreme(Online)(MAD) 516 • India - High Court of Madras
Hon`ble Mr.Justice K.K. RAMAKRISHNAN
Negotiable Instruments Act - Conviction under Section 138 - Legal Presumptions and Burden of Proof Fact of the Case: ... The petitioner was convicted under Section 138 of the Negotiable Instruments Act for failing to pay the principal and interest ... It upheld the lower courts' findings, emphasizing the legal presumptions under Sections 138, 139, and 27 of the Negotiable Instruments ... Accordingly, this Criminal Revision Case stands dismissed. Con....
2025 Supreme(Online)(Mad) 22029 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act . ... Consequently, the Criminal Revision Case is allowed and the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. ... 21.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The II Additional District and Sessions Judge, Trichy. ... O R D E R The Criminal Revision Case is ....
2024 Supreme(Online)(MAD) 513 • India - High Court of Madras
Hon`ble Mr.Justice VIVEK KUMAR SINGH
Fact of the Case: The petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced to ... Compounding - Criminal Revision - Negotiable Instruments Act - Section 138, 147 - The court discussed the compoundability of offences ... under the Negotiable Instruments Act and confirmed that offences punishable under Section 138 can be compounded at any stage, resulting ... In view of the aforesaid provision, the offence under Section #HL_START....
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